Justplainbill's Weblog

September 28, 2009

Roe v Wade, Not really about abortion, is it?

For those of you who have actually begun to wonder if Roe says what the media says that it says, here it is. Roe is actually about ‘standing’ and ‘mootness’. It’s wrong on its face, but so many of the Supremes’ decisions are, who can count and what can we do (vote Whig, of course, but that’d require that you buy the book: “Three Strikes and You’re out”, which you can’t find, can you?), about it? Three Strikes also has a section that includes the legal proof that the Federal Government cannot legally tax personal income. So, here’s Roe v Wade in its entirety:

BLACKMUN, J., Opinion of the Court

SUPREME COURT OF THE UNITED STATES

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410 U.S. 113

Roe v. Wade
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS

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No. 70-18 Argued: December 13, 1971 — Decided: January 22, 1973

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MR. JUSTICE BLACKMUN delivered the opinion of the Court.

This Texas federal appeal and its Georgia companion, Doe v. Bolton, post, p. 179, present constitutional challenges to state criminal abortion legislation. The Texas statutes under attack here are typical of those that have been in effect in many States for approximately a century. The Georgia statutes, in contrast, have a modern cast, and are a legislative product that, to an extent at least, obviously reflects the influences of recent attitudinal change, of advancing medical knowledge and techniques, and of new thinking about an old issue.

We forthwith acknowledge our awareness of the sensitive and emotional nature of the abortion controversy, of the vigorous opposing views, even among physicians, and of the deep and seemingly absolute convictions that the subject inspires. One’s philosophy, one’s experiences, one’s exposure to the raw edges of human existence, one’s religious training, one’s attitudes toward life and family and their values, and the moral standards one establishes and seeks to observe, are all likely to influence and to color one’s thinking and conclusions about abortion.

In addition, population growth, pollution, poverty, and racial overtones tend to complicate and not to simplify the problem.

Our task, of course, is to resolve the issue by constitutional measurement, free of emotion and of predilection. We seek earnestly to do this, and, because we do, we [p117] have inquired into, and in this opinion place some emphasis upon, medical and medical-legal history and what that history reveals about man’s attitudes toward the abortion procedure over the centuries. We bear in mind, too, Mr. Justice Holmes’ admonition in his now-vindicated dissent in Lochner v. New York, 198 U.S. 45, 76 (1905):

[The Constitution] is made for people of fundamentally differing views, and the accident of our finding certain opinions natural and familiar or novel and even shocking ought not to conclude our judgment upon the question whether statutes embodying them conflict with the Constitution of the United States.

I

The Texas statutes that concern us here are Arts. 1191-1194 and 1196 of the State’s Penal Code. [n1] These make it a crime to “procure an abortion,” as therein [p118] defined, or to attempt one, except with respect to “an abortion procured or attempted by medical advice for the purpose of saving the life of the mother.” Similar statutes are in existence in a majority of the States. [n2] [p119]

Texas first enacted a criminal abortion statute in 1854. Texas Laws 1854, c. 49, § 1, set forth in 3 H. Gammel, Laws of Texas 1502 (1898). This was soon modified into language that has remained substantially unchanged to the present time. See Texas Penal Code of 1857, c. 7, Arts. 531-536; G. Paschal, Laws of Texas, Arts. 2192-2197 (1866); Texas Rev.Stat., c. 8, Arts. 536-541 (1879); Texas Rev.Crim.Stat., Arts. 1071-1076 (1911). The final article in each of these compilations provided the same exception, as does the present Article 1196, for an abortion by “medical advice for the purpose of saving the life of the mother.” [n3] [p120]

II

Jane Roe, [n4] a single woman who was residing in Dallas County, Texas, instituted this federal action in March 1970 against the District Attorney of the county. She sought a declaratory judgment that the Texas criminal abortion statutes were unconstitutional on their face, and an injunction restraining the defendant from enforcing the statutes.

Roe alleged that she was unmarried and pregnant; that she wished to terminate her pregnancy by an abortion “performed by a competent, licensed physician, under safe, clinical conditions”; that she was unable to get a “legal” abortion in Texas because her life did not appear to be threatened by the continuation of her pregnancy; and that she could not afford to travel to another jurisdiction in order to secure a legal abortion under safe conditions. She claimed that the Texas statutes were unconstitutionally vague and that they abridged her right of personal privacy, protected by the First, Fourth, Fifth, Ninth, and Fourteenth Amendments. By an amendment to her complaint, Roe purported to sue “on behalf of herself and all other women” similarly situated.

James Hubert Hallford, a licensed physician, sought and was granted leave to intervene in Roe’s action. In his complaint, he alleged that he had been arrested previously for violations of the Texas abortion statutes, and [p121] that two such prosecutions were pending against him. He described conditions of patients who came to him seeking abortions, and he claimed that for many cases he, as a physician, was unable to determine whether they fell within or outside the exception recognized by Article 1196. He alleged that, as a consequence, the statutes were vague and uncertain, in violation of the Fourteenth Amendment, and that they violated his own and his patients’ rights to privacy in the doctor-patient relationship and his own right to practice medicine, rights he claimed were guaranteed by the First, Fourth, Fifth, Ninth, and Fourteenth Amendments.

John and Mary Doe, [n5] a married couple, filed a companion complaint to that of Roe. They also named the District Attorney as defendant, claimed like constitutional deprivations, and sought declaratory and injunctive relief. The Does alleged that they were a childless couple; that Mrs. Doe was suffering from a “neural-chemical” disorder; that her physician had “advised her to avoid pregnancy until such time as her condition has materially improved” (although a pregnancy at the present time would not present “a serious risk” to her life); that, pursuant to medical advice, she had discontinued use of birth control pills; and that, if she should become pregnant, she would want to terminate the pregnancy by an abortion performed by a competent, licensed physician under safe, clinical conditions. By an amendment to their complaint, the Does purported to sue “on behalf of themselves and all couples similarly situated.”

The two actions were consolidated and heard together by a duly convened three-judge district court. The suits thus presented the situations of the pregnant single woman, the childless couple, with the wife not pregnant, [p122] and the licensed practicing physician, all joining in the attack on the Texas criminal abortion statutes. Upon the filing of affidavits, motions were made for dismissal and for summary judgment. The court held that Roe and members of her class, and Dr. Hallford, had standing to sue and presented justiciable controversies, but that the Does had failed to allege facts sufficient to state a present controversy, and did not have standing. It concluded that, with respect to the requests for a declaratory judgment, abstention was not warranted. On the merits, the District Court held that the

fundamental right of single women and married persons to choose whether to have children is protected by the Ninth Amendment, through the Fourteenth Amendment,

and that the Texas criminal abortion statutes were void on their face because they were both unconstitutionally vague and constituted an overbroad infringement of the plaintiffs’ Ninth Amendment rights. The court then held that abstention was warranted with respect to the requests for an injunction. It therefore dismissed the Does’ complaint, declared the abortion statutes void, and dismissed the application for injunctive relief. 314 F.Supp. 1217, 1225 (ND Tex.1970).

The plaintiffs Roe and Doe and the intervenor Hallford, pursuant to 28 U.S.C. § 1253 have appealed to this Court from that part of the District Court’s judgment denying the injunction. The defendant District Attorney has purported to cross-appeal, pursuant to the same statute, from the court’s grant of declaratory relief to Roe and Hallford. Both sides also have taken protective appeals to the United States Court of Appeals for the Fifth Circuit. That court ordered the appeals held in abeyance pending decision here. We postponed decision on jurisdiction to the hearing on the merits. 402 U.S. 941 (1971) [p123]

It might have been preferable if the defendant, pursuant to our Rule 20, had presented to us a petition for certiorari before judgment in the Court of Appeals with respect to the granting of the plaintiffs’ prayer for declaratory relief. Our decisions in Mitchell v. Donovan, 398 U.S. 427 (1970), and Gunn v. University Committee, 399 U.S. 383 (1970), are to the effect that § 1253 does not authorize an appeal to this Court from the grant or denial of declaratory relief alone. We conclude, nevertheless, that those decisions do not foreclose our review of both the injunctive and the declaratory aspects of a case of this kind when it is properly here, as this one is, on appeal under 1253 from specific denial of injunctive relief, and the arguments as to both aspects are necessarily identical. See Carter v. Jury Comm’n, 396 U.S. 320 (1970); Florida Lime Growers v. Jacobsen, 362 U.S. 73, 80-81 (1960). It would be destructive of time and energy for all concerned were we to rule otherwise. Cf. Doe v. Bolton, post, p. 179.

IV

We are next confronted with issues of justiciability, standing, and abstention. Have Roe and the Does established that “personal stake in the outcome of the controversy,” Baker v. Carr, 369 U.S. 186, 204 (1962), that insures that

the dispute sought to be adjudicated will be presented in an adversary context and in a form historically viewed as capable of judicial resolution,

Flast v. Cohen, 392 U.S. 83, 101 (1968), and Sierra Club v. Morton, 405 U.S. 727, 732 (1972)? And what effect did the pendency of criminal abortion charges against Dr. Hallford in state court have upon the propriety of the federal court’s granting relief to him as a plaintiff-intervenor? [p124]

A. Jane Roe. Despite the use of the pseudonym, no suggestion is made that Roe is a fictitious person. For purposes of her case, we accept as true, and as established, her existence; her pregnant state, as of the inception of her suit in March 1970 and as late as May 21 of that year when she filed an alias affidavit with the District Court; and her inability to obtain a legal abortion in Texas.

Viewing Roe’s case as of the time of its filing and thereafter until as late a May, there can be little dispute that it then presented a case or controversy and that, wholly apart from the class aspects, she, as a pregnant single woman thwarted by the Texas criminal abortion laws, had standing to challenge those statutes. Abele v. Markle, 452 F.2d 1121, 1125 (CA2 1971); Crossen v. Breckenridge, 446 F.2d 833, 838-839 (CA6 1971); Poe v. Menghini, 339 F.Supp. 986, 990-991 (Kan.1972). See Truax v. Raich, 239 U.S. 33 (1915). Indeed, we do not read the appellee’s brief as really asserting anything to the contrary. The “logical nexus between the status asserted and the claim sought to be adjudicated,” Flast v. Cohen, 392 U.S. at 102, and the necessary degree of contentiousness, Golden v. Zwickler, 394 U.S. 103 (1969), are both present.

The appellee notes, however, that the record does not disclose that Roe was pregnant at the time of the District Court hearing on May 22, 1970, [n6] or on the following June 17 when the court’s opinion and judgment were filed. And he suggests that Roe’s case must now be moot because she and all other members of her class are no longer subject to any 1970 pregnancy. [p125]

The usual rule in federal cases is that an actual controversy must exist at stages of appellate or certiorari review, and not simply at the date the action is initiated. United States v. Munsingwear, Inc., 340 U.S. 36 (1950); Golden v. Zwickler, supra; SEC v. Medical Committee for Human Rights, 404 U.S. 403 (1972).

But when, as here, pregnancy is a significant fact in the litigation, the normal 266-day human gestation period is so short that the pregnancy will come to term before the usual appellate process is complete. If that termination makes a case moot, pregnancy litigation seldom will survive much beyond the trial stage, and appellate review will be effectively denied. Our law should not be that rigid. Pregnancy often comes more than once to the same woman, and in the general population, if man is to survive, it will always be with us. Pregnancy provides a classic justification for a conclusion of nonmootness. It truly could be “capable of repetition, yet evading review.” Southern Pacific Terminal Co. v. ICC, 219 U.S. 498, 515 (1911). See Moore v. Ogilvie, 394 U.S. 814, 816 (1969); Carroll v. Princess Anne, 393 U.S. 175, 178-179 (1968); United States v. W. T. Grant Co., 345 U.S. 629, 632-633 (1953).

We, therefore, agree with the District Court that Jane Roe had standing to undertake this litigation, that she presented a justiciable controversy, and that the termination of her 1970 pregnancy has not rendered her case moot.

B. Dr. Hallford. The doctor’s position is different. He entered Roe’s litigation as a plaintiff-intervenor, alleging in his complaint that he:

[I]n the past has been arrested for violating the Texas Abortion Laws and at the present time stands charged by indictment with violating said laws in the Criminal District Court of Dallas County, Texas to-wit: (1) The State of Texas vs. [p126] James H. Hallford, No. C-69-5307-IH, and (2) The State of Texas vs. James H. Hallford, No. C-692524-H. In both cases, the defendant is charged with abortion. . . .

In his application for leave to intervene, the doctor made like representations as to the abortion charges pending in the state court. These representations were also repeated in the affidavit he executed and filed in support of his motion for summary judgment.

Dr. Hallford is, therefore, in the position of seeking, in a federal court, declaratory and injunctive relief with respect to the same statutes under which he stands charged in criminal prosecutions simultaneously pending in state court. Although he stated that he has been arrested in the past for violating the State’s abortion laws, he makes no allegation of any substantial and immediate threat to any federally protected right that cannot be asserted in his defense against the state prosecutions. Neither is there any allegation of harassment or bad faith prosecution. In order to escape the rule articulated in the cases cited in the next paragraph of this opinion that, absent harassment and bad faith, a defendant in a pending state criminal case cannot affirmatively challenge in federal court the statutes under which the State is prosecuting him, Dr. Hallford seeks to distinguish his status as a present state defendant from his status as a “potential future defendant,” and to assert only the latter for standing purposes here.

We see no merit in that distinction. Our decision in Samuels v. Mackell, 401 U.S. 66 (1971), compels the conclusion that the District Court erred when it granted declaratory relief to Dr. Hallford instead of refraining from so doing. The court, of course, was correct in refusing to grant injunctive relief to the doctor. The reasons supportive of that action, however, are those expressed in Samuels v. Mackell, supra, and in Younger v. [p127] Harris, 401 U.S. 37 (1971); Boyle v. Landry, 401 U.S. 77 (1971); Perez v. Ledesma, 401 U.S. 82 (1971); and Byrne v. Karaleis, 401 U.S. 216 (1971). See also Dombrowski v. Pfister, 380 U.S. 479 (1965). We note, in passing, that Younger and its companion cases were decided after the three-judge District Court decision in this case.

Dr. Hallford’s complaint in intervention, therefore, is to be dismissed. [n7] He is remitted to his defenses in the state criminal proceedings against him. We reverse the judgment of the District Court insofar as it granted Dr. Hallford relief and failed to dismiss his complaint in intervention.

C. The Does. In view of our ruling as to Roe’s standing in her case, the issue of the Does’ standing in their case has little significance. The claims they assert are essentially the same as those of Roe, and they attack the same statutes. Nevertheless, we briefly note the Does’ posture.

Their pleadings present them as a childless married couple, the woman not being pregnant, who have no desire to have children at this time because of their having received medical advice that Mrs. Doe should avoid pregnancy, and for “other highly personal reasons.” But they “fear . . . they may face the prospect of becoming [p128] parents.” And if pregnancy ensues, they “would want to terminate” it by an abortion. They assert an inability to obtain an abortion legally in Texas and, consequently, the prospect of obtaining an illegal abortion there or of going outside Texas to some place where the procedure could be obtained legally and competently.

We thus have as plaintiffs a married couple who have, as their asserted immediate and present injury, only an alleged “detrimental effect upon [their] marital happiness” because they are forced to “the choice of refraining from normal sexual relations or of endangering Mary Doe’s health through a possible pregnancy.” Their claim is that, sometime in the future, Mrs. Doe might become pregnant because of possible failure of contraceptive measures, and, at that time in the future, she might want an abortion that might then be illegal under the Texas statutes.

This very phrasing of the Does’ position reveals its speculative character. Their alleged injury rests on possible future contraceptive failure, possible future pregnancy, possible future unpreparedness for parenthood, and possible future impairment of health. Any one or more of these several possibilities may not take place, and all may not combine. In the Does’ estimation, these possibilities might have some real or imagined impact upon their marital happiness. But we are not prepared to say that the bare allegation of so indirect an injury is sufficient to present an actual case or controversy. Younger v. Harris, 401 U.S. at 41-42; Golden v. Zwickler, 394 U.S. at 109-110; Abele v. Markle, 452 F.2d at 1124-1125; Crossen v. Breckenridge, 446 F.2d at 839. The Does’ claim falls far short of those resolved otherwise in the cases that the Does urge upon us, namely, Investment Co. Institute v. Camp, 401 U.S. 617 (1971); Data Processing Service v. Camp, 397 U.S. 150 (1970); [p129] and Epperson v. Arkansas, 393 U.S. 97 (1968). See also Truax v. Raich, 239 U.S. 33 (1915).

The Does therefore are not appropriate plaintiffs in this litigation. Their complaint was properly dismissed by the District Court, and we affirm that dismissal.

V

The principal thrust of appellant’s attack on the Texas statutes is that they improperly invade a right, said to be possessed by the pregnant woman, to choose to terminate her pregnancy. Appellant would discover this right in the concept of personal “liberty” embodied in the Fourteenth Amendment’s Due Process Clause; or in personal, marital, familial, and sexual privacy said to be protected by the Bill of Rights or its penumbras, see Griswold v. Connecticut, 381 U.S. 479 (1965); Eisenstadt v. Baird, 405 U.S. 438 (1972); id. at 460 (WHITE, J., concurring in result); or among those rights reserved to the people by the Ninth Amendment, Griswold v. Connecticut, 381 U.S. at 486 (Goldberg, J., concurring). Before addressing this claim, we feel it desirable briefly to survey, in several aspects, the history of abortion, for such insight as that history may afford us, and then to examine the state purposes and interests behind the criminal abortion laws.

VI

It perhaps is not generally appreciated that the restrictive criminal abortion laws in effect in a majority of States today are of relatively recent vintage. Those laws, generally proscribing abortion or its attempt at any time during pregnancy except when necessary to preserve the pregnant woman’s life, are not of ancient or even of common law origin. Instead, they derive from statutory changes effected, for the most part, in the latter half of the 19th century. [p130]

1. Ancient attitudes. These are not capable of precise determination. We are told that, at the time of the Persian Empire, abortifacients were known, and that criminal abortions were severely punished. [n8] We are also told, however, that abortion was practiced in Greek times as well as in the Roman Era, [n9] and that “it was resorted to without scruple.” [n10] The Ephesian, Soranos, often described as the greatest of the ancient gynecologists, appears to have been generally opposed to Rome’s prevailing free-abortion practices. He found it necessary to think first of the life of the mother, and he resorted to abortion when, upon this standard, he felt the procedure advisable. [n11] Greek and Roman law afforded little protection to the unborn. If abortion was prosecuted in some places, it seems to have been based on a concept of a violation of the father’s right to his offspring. Ancient religion did not bar abortion. [n12]

2. The Hippocratic Oath. What then of the famous Oath that has stood so long as the ethical guide of the medical profession and that bears the name of the great Greek (460(?)-377(?) B. C.), who has been described [p131] as the Father of Medicine, the “wisest and the greatest practitioner of his art,” and the “most important and most complete medical personality of antiquity,” who dominated the medical schools of his time, and who typified the sum of the medical knowledge of the past? [n13] The Oath varies somewhat according to the particular translation, but in any translation the content is clear:

I will give no deadly medicine to anyone if asked, nor suggest any such counsel; and in like manner, I will not give to a woman a pessary to produce abortion, [n14]

or

I will neither give a deadly drug to anybody if asked for it, nor will I make a suggestion to this effect. Similarly, I will not give to a woman an abortive remedy. [n15]

Although the Oath is not mentioned in any of the principal briefs in this case or in Doe v. Bolton, post, p. 179, it represents the apex of the development of strict ethical concepts in medicine, and its influence endures to this day. Why did not the authority of Hippocrates dissuade abortion practice in his time and that of Rome? The late Dr. Edelstein provides us with a theory: [n16] The Oath was not uncontested even in Hippocrates’ day; only the Pythagorean school of philosophers frowned upon the related act of suicide. Most Greek thinkers, on the other hand, commended abortion, at least prior to viability. See Plato, Republic, V, 461; Aristotle, Politics, VII, 1335b 25. For the Pythagoreans, however, it was a matter of dogma. For them, the embryo was animate from the moment of conception, and abortion meant destruction of a living being. The abortion clause of the Oath, therefore, “echoes Pythagorean doctrines,” [p132] and “[i]n no other stratum of Greek opinion were such views held or proposed in the same spirit of uncompromising austerity.” [n17]

Dr. Edelstein then concludes that the Oath originated in a group representing only a small segment of Greek opinion, and that it certainly was not accepted by all ancient physicians. He points out that medical writings down to Galen (A.D. 130-200) “give evidence of the violation of almost every one of its injunctions.” [n18] But with the end of antiquity, a decided change took place. Resistance against suicide and against abortion became common. The Oath came to be popular. The emerging teachings of Christianity were in agreement with the Pythagorean ethic. The Oath “became the nucleus of all medical ethics,” and “was applauded as the embodiment of truth.” Thus, suggests Dr. Edelstein, it is “a Pythagorean manifesto, and not the expression of an absolute standard of medical conduct.” [n19]

This, it seems to us, is a satisfactory and acceptable explanation of the Hippocratic Oath’s apparent rigidity. It enables us to understand, in historical context, a long-accepted and revered statement of medical ethics.

3. The common law. It is undisputed that, at common law, abortion performed before “quickening” — the first recognizable movement of the fetus in utero, appearing usually from the 16th to the 18th week of pregnancy [n20] — was not an indictable offense. [n21] The absence [p133] of a common law crime for pre-quickening abortion appears to have developed from a confluence of earlier philosophical, theological, and civil and canon law concepts of when life begins. These disciplines variously approached the question in terms of the point at which the embryo or fetus became “formed” or recognizably human, or in terms of when a “person” came into being, that is, infused with a “soul” or “animated.” A loose consensus evolved in early English law that these events occurred at some point between conception and live birth. [n22] This was “mediate animation.” Although [p134] Christian theology and the canon law came to fix the point of animation at 40 days for a male and 80 days for a female, a view that persisted until the 19th century, there was otherwise little agreement about the precise time of formation or animation. There was agreement, however, that, prior to this point, the fetus was to be regarded as part of the mother, and its destruction, therefore, was not homicide. Due to continued uncertainty about the precise time when animation occurred, to the lack of any empirical basis for the 40-80-day view, and perhaps to Aquinas’ definition of movement as one of the two first principles of life, Bracton focused upon quickening as the critical point. The significance of quickening was echoed by later common law scholars, and found its way into the received common law in this country.

Whether abortion of a quick fetus was a felony at common law, or even a lesser crime, is still disputed. Bracton, writing early in the 13th century, thought it homicide. [n23] But the later and predominant view, following the great common law scholars, has been that it was, at most, a lesser offense. In a frequently cited [p135] passage, Coke took the position that abortion of a woman “quick with childe” is “a great misprision, and no murder.” [n24] Blackstone followed, saying that, while abortion after quickening had once been considered manslaughter (though not murder), “modern law” took a less severe view. [n25] A recent review of the common law precedents argues, however, that those precedents contradict Coke, and that even post-quickening abortion was never established as a common law crime. [n26] This is of some importance, because, while most American courts ruled, in holding or dictum, that abortion of an unquickened fetus was not criminal under their received common law, [n27] others followed Coke in stating that abortion [p136] of a quick fetus was a “misprision,” a term they translated to mean “misdemeanor.” [n28] That their reliance on Coke on this aspect of the law was uncritical and, apparently in all the reported cases, dictum (due probably to the paucity of common law prosecutions for post-quickening abortion), makes it now appear doubtful that abortion was ever firmly established as a common law crime even with respect to the destruction of a quick fetus.

4. The English statutory law. England’s first criminal abortion statute, Lord Ellenborough’s Act, 43 Geo. 3, c. 58, came in 1803. It made abortion of a quick fetus, § 1, a capital crime, but, in § 2, it provided lesser penalties for the felony of abortion before quickening, and thus preserved the “quickening” distinction. This contrast was continued in the general revision of 1828, 9 Geo. 4, c. 31, § 13. It disappeared, however, together with the death penalty, in 1837, 7 Will. 4 & 1 Vict., c. 85. § 6, and did not reappear in the Offenses Against the Person Act of 1861, 24 & 25 Vict., c. 100, § 59, that formed the core of English anti-abortion law until the liberalizing reforms of 1967. In 1929, the Infant Life (Preservation) Act, 19 & 20 Geo. 5, c. 34, came into being. Its emphasis was upon the destruction of “the life of a child capable of being born alive.” It made a willful act performed with the necessary intent a felony. It contained a proviso that one was not to be [p137] found guilty of the offense

unless it is proved that the act which caused the death of the child was not done in good faith for the purpose only of preserving the life of the mother.

A seemingly notable development in the English law was the case of Rex v. Bourne, [1939] 1 K.B. 687. This case apparently answered in the affirmative the question whether an abortion necessary to preserve the life of the pregnant woman was excepted from the criminal penalties of the 1861 Act. In his instructions to the jury, Judge Macnaghten referred to the 1929 Act, and observed that that Act related to “the case where a child is killed by a willful act at the time when it is being delivered in the ordinary course of nature.” Id. at 691. He concluded that the 1861 Act’s use of the word “unlawfully,” imported the same meaning expressed by the specific proviso in the 1929 Act, even though there was no mention of preserving the mother’s life in the 1861 Act. He then construed the phrase “preserving the life of the mother” broadly, that is, “in a reasonable sense,” to include a serious and permanent threat to the mother’s health, and instructed the jury to acquit Dr. Bourne if it found he had acted in a good faith belief that the abortion was necessary for this purpose. Id. at 693-694. The jury did acquit.

Recently, Parliament enacted a new abortion law. This is the Abortion Act of 1967, 15 & 16 Eliz. 2, c. 87. The Act permits a licensed physician to perform an abortion where two other licensed physicians agree (a)

that the continuance of the pregnancy would involve risk to the life of the pregnant woman, or of injury to the physical or mental health of the pregnant woman or any existing children of her family, greater than if the pregnancy were terminated,

or (b)

that there is a substantial risk that, if the child were born it would suffer from such physical or mental abnormalities as [p138] to be seriously handicapped.

The Act also provides that, in making this determination, “account may be taken of the pregnant woman’s actual or reasonably foreseeable environment.” It also permits a physician, without the concurrence of others, to terminate a pregnancy where he is of the good faith opinion that the abortion “is immediately necessary to save the life or to prevent grave permanent injury to the physical or mental health of the pregnant woman.”

5. The American law. In this country, the law in effect in all but a few States until mid-19th century was the preexisting English common law. Connecticut, the first State to enact abortion legislation, adopted in 1821 that part of Lord Ellenborough’s Act that related to a woman “quick with child.” [n29] The death penalty was not imposed. Abortion before quickening was made a crime in that State only in 1860. [n30] In 1828, New York enacted legislation [n31] that, in two respects, was to serve as a model for early anti-abortion statutes. First, while barring destruction of an unquickened fetus as well as a quick fetus, it made the former only a misdemeanor, but the latter second-degree manslaughter. Second, it incorporated a concept of therapeutic abortion by providing that an abortion was excused if it

shall have been necessary to preserve the life of such mother, or shall have been advised by two physicians to be necessary for such purpose.

By 1840, when Texas had received the common law, [n32] only eight American States [p139] had statutes dealing with abortion. [n33] It was not until after the War Between the States that legislation began generally to replace the common law. Most of these initial statutes dealt severely with abortion after quickening, but were lenient with it before quickening. Most punished attempts equally with completed abortions. While many statutes included the exception for an abortion thought by one or more physicians to be necessary to save the mother’s life, that provision soon disappeared, and the typical law required that the procedure actually be necessary for that purpose. Gradually, in the middle and late 19th century, the quickening distinction disappeared from the statutory law of most States and the degree of the offense and the penalties were increased. By the end of the 1950’s, a large majority of the jurisdictions banned abortion, however and whenever performed, unless done to save or preserve the life of the mother. [n34] The exceptions, Alabama and the District of Columbia, permitted abortion to preserve the mother’s health. [n35] Three States permitted abortions that were not “unlawfully” performed or that were not “without lawful justification,” leaving interpretation of those standards to the courts. [n36] In [p140] the past several years, however, a trend toward liberalization of abortion statutes has resulted in adoption, by about one-third of the States, of less stringent laws, most of them patterned after the ALI Model Penal Code, § 230.3, [n37] set forth as Appendix B to the opinion in Doe v. Bolton, post, p. 205.

It is thus apparent that, at common law, at the time of the adoption of our Constitution, and throughout the major portion of the 19th century, abortion was viewed with less disfavor than under most American statutes currently in effect. Phrasing it another way, a woman enjoyed a substantially broader right to terminate a pregnancy than she does in most States today. At least with respect to the early stage of pregnancy, and very possibly without such a limitation, the opportunity [p141] to make this choice was present in this country well into the 19th century. Even later, the law continued for some time to treat less punitively an abortion procured in early pregnancy.

6. The position of the American Medical Association. The anti-abortion mood prevalent in this country in the late 19th century was shared by the medical profession. Indeed, the attitude of the profession may have played a significant role in the enactment of stringent criminal abortion legislation during that period.

An AMA Committee on Criminal Abortion was appointed in May, 1857. It presented its report, 12 Trans. of the Am.Med.Assn. 778 (1859), to the Twelfth Annual Meeting. That report observed that the Committee had been appointed to investigate criminal abortion “with a view to its general suppression.” It deplored abortion and its frequency and it listed three causes of “this general demoralization”:

The first of these causes is a widespread popular ignorance of the true character of the crime — a belief, even among mothers themselves, that the foetus is not alive till after the period of quickening.

The second of the agents alluded to is the fact that the profession themselves are frequently supposed careless of foetal life. . . .

The third reason of the frightful extent of this crime is found in the grave defects of our laws, both common and statute, as regards the independent and actual existence of the child before birth, as a living being. These errors, which are sufficient in most instances to prevent conviction, are based, and only based, upon mistaken and exploded medical dogmas. With strange inconsistency, the law fully acknowledges the foetus in utero and its inherent rights, for civil purposes; while personally and as criminally affected, it fails to recognize it, [p142] and to its life as yet denies all protection.

Id. at 776. The Committee then offered, and the Association adopted, resolutions protesting “against such unwarrantable destruction of human life,” calling upon state legislatures to revise their abortion laws, and requesting the cooperation of state medical societies “in pressing the subject.” Id. at 28, 78.

In 1871, a long and vivid report was submitted by the Committee on Criminal Abortion. It ended with the observation,

We had to deal with human life. In a matter of less importance, we could entertain no compromise. An honest judge on the bench would call things by their proper names. We could do no less.

22 Trans. of the Am.Med.Assn. 268 (1871). It proffered resolutions, adopted by the Association, id. at 38-39, recommending, among other things, that it

be unlawful and unprofessional for any physician to induce abortion or premature labor without the concurrent opinion of at least one respectable consulting physician, and then always with a view to the safety of the child — if that be possible,

and calling

the attention of the clergy of all denominations to the perverted views of morality entertained by a large class of females — aye, and men also, on this important question.

Except for periodic condemnation of the criminal abortionist, no further formal AMA action took place until 1967. In that year, the Committee on Human Reproduction urged the adoption of a stated policy of opposition to induced abortion except when there is “documented medical evidence” of a threat to the health or life of the mother, or that the child “may be born with incapacitating physical deformity or mental deficiency,” or that a pregnancy “resulting from legally established statutory or forcible rape or incest may constitute a threat to the mental or physical health of the [p143] patient,” two other physicians “chosen because of their recognized professional competence have examined the patient and have concurred in writing,” and the procedure “is performed in a hospital accredited by the Joint Commission on Accreditation of Hospitals.” The providing of medical information by physicians to state legislatures in their consideration of legislation regarding therapeutic abortion was “to be considered consistent with the principles of ethics of the American Medical Association.” This recommendation was adopted by the House of Delegates. Proceedings of the AMA House of Delegates 40-51 (June 1967).

In 1970, after the introduction of a variety of proposed resolutions and of a report from its Board of Trustees, a reference committee noted “polarization of the medical profession on this controversial issue”; division among those who had testified; a difference of opinion among AMA councils and.committees; “the remarkable shift in testimony” in six months, felt to be influenced “by the rapid changes in state laws and by the judicial decisions which tend to make abortion more freely available; ” and a feeling “that this trend will continue.” On June 25, 1970, the House of Delegates adopted preambles and most of the resolutions proposed by the reference committee. The preambles emphasized “the best interests of the patient,” “sound clinical judgment,” and “informed patient consent,” in contrast to “mere acquiescence to the patient’s demand.” The resolutions asserted that abortion is a medical procedure that should be performed by a licensed physician in an accredited hospital only after consultation with two other physicians and in conformity with state law, and that no party to the procedure should be required to violate personally held moral principles. [n38] Proceedings [p144] of the AMA House of Delegates 220 (June 1970). The AMA Judicial Council rendered a complementary opinion. [n39]

7. The position of the American Public Health Association. In October, 1970, the Executive Board of the APHA adopted Standards for Abortion Services. These were five in number:

a. Rapid and simple abortion referral must be readily available through state and local public [p145] health departments, medical societies, or other nonprofit organizations.

b. An important function of counseling should be to simplify and expedite the provision of abortion services; it should not delay the obtaining of these services.

c. Psychiatric consultation should not be mandatory. As in the case of other specialized medical services, psychiatric consultation should be sought for definite indications, and not on a routine basis.

d. A wide range of individuals from appropriately trained, sympathetic volunteers to highly skilled physicians may qualify as abortion counselors.

e. Contraception and/or sterilization should be discussed with each abortion patient.

Recommended Standards for Abortion Services, 61 Am.J.Pub.Health 396 (1971). Among factors pertinent to life and health risks associated with abortion were three that “are recognized as important”:

a. the skill of the physician,

b. the environment in which the abortion is performed, and above all

c. the duration of pregnancy, as determined by uterine size and confirmed by menstrual history.

Id. at 397.

It was said that “a well equipped hospital” offers more protection

to cope with unforeseen difficulties than an office or clinic without such resources. . . . The factor of gestational age is of overriding importance.

Thus, it was recommended that abortions in the second trimester and early abortions in the presence of existing medical complications be performed in hospitals as inpatient procedures. For pregnancies in the first trimester, [p146] abortion in the hospital with or without overnight stay “is probably the safest practice.” An abortion in an extramural facility, however, is an acceptable alternative “provided arrangements exist in advance to admit patients promptly if unforeseen complications develop.” Standards for an abortion facility were listed. It was said that, at present, abortions should be performed by physicians or osteopaths who are licensed to practice and who have “adequate training.” Id. at 398.

8. The position of the American Bar Association. At its meeting in February, 1972, the ABA House of Delegates approved, with 17 opposing votes, the Uniform Abortion Act that had been drafted and approved the preceding August by the Conference of Commissioners on Uniform State Laws. 58 A.B.A.J. 380 (1972). We set forth the Act in full in the margin. [n40] The [p147] Opinion of the Court Conference has appended an enlightening Prefatory Note. [n41]

VII

Three reasons have been advanced to explain historically the enactment of criminal abortion laws in the 19th century and to justify their continued existence. [p148]

It has been argued occasionally that these laws were the product of a Victorian social concern to discourage illicit sexual conduct. Texas, however, does not advance this justification in the present case, and it appears that no court or commentator has taken the argument seriously. [n42] The appellants and amici contend, moreover, that this is not a proper state purpose, at all and suggest that, if it were, the Texas statutes are overbroad in protecting it, since the law fails to distinguish between married and unwed mothers.

A second reason is concerned with abortion as a medical procedure. When most criminal abortion laws were first enacted, the procedure was a hazardous one for the woman. [n43] This was particularly true prior to the [p149] development of antisepsis. Antiseptic techniques, of course, were based on discoveries by Lister, Pasteur, and others first announced in 1867, but were not generally accepted and employed until about the turn of the century. Abortion mortality was high. Even after 1900, and perhaps until as late as the development of antibiotics in the 1940’s, standard modern techniques such as dilation and curettage were not nearly so safe as they are today. Thus, it has been argued that a State’s real concern in enacting a criminal abortion law was to protect the pregnant woman, that is, to restrain her from submitting to a procedure that placed her life in serious jeopardy.

Modern medical techniques have altered this situation. Appellants and various amici refer to medical data indicating that abortion in early pregnancy, that is, prior to the end of the first trimester, although not without its risk, is now relatively safe. Mortality rates for women undergoing early abortions, where the procedure is legal, appear to be as low as or lower than the rates for normal childbirth. [n44] Consequently, any interest of the State in protecting the woman from an inherently hazardous procedure, except when it would be equally dangerous for her to forgo it, has largely disappeared. Of course, important state interests in the areas of health and medical standards do remain. [p150] The State has a legitimate interest in seeing to it that abortion, like any other medical procedure, is performed under circumstances that insure maximum safety for the patient. This interest obviously extends at least to the performing physician and his staff, to the facilities involved, to the availability of after-care, and to adequate provision for any complication or emergency that might arise. The prevalence of high mortality rates at illegal “abortion mills” strengthens, rather than weakens, the State’s interest in regulating the conditions under which abortions are performed. Moreover, the risk to the woman increases as her pregnancy continues. Thus, the State retains a definite interest in protecting the woman’s own health and safety when an abortion is proposed at a late stage of pregnancy.

The third reason is the State’s interest — some phrase it in terms of duty — in protecting prenatal life. Some of the argument for this justification rests on the theory that a new human life is present from the moment of conception. [n45] The State’s interest and general obligation to protect life then extends, it is argued, to prenatal life. Only when the life of the pregnant mother herself is at stake, balanced against the life she carries within her, should the interest of the embryo or fetus not prevail. Logically, of course, a legitimate state interest in this area need not stand or fall on acceptance of the belief that life begins at conception or at some other point prior to live birth. In assessing the State’s interest, recognition may be given to the less rigid claim that as long as at least potential life is involved, the State may assert interests beyond the protection of the pregnant woman alone. [p151]

Parties challenging state abortion laws have sharply disputed in some courts the contention that a purpose of these laws, when enacted, was to protect prenatal life. [n46] Pointing to the absence of legislative history to support the contention, they claim that most state laws were designed solely to protect the woman. Because medical advances have lessened this concern, at least with respect to abortion in early pregnancy, they argue that with respect to such abortions the laws can no longer be justified by any state interest. There is some scholarly support for this view of original purpose. [n47] The few state courts called upon to interpret their laws in the late 19th and early 20th centuries did focus on the State’s interest in protecting the woman’s health, rather than in preserving the embryo and fetus. [n48] Proponents of this view point out that in many States, including Texas, [n49] by statute or judicial interpretation, the pregnant woman herself could not be prosecuted for self-abortion or for cooperating in an abortion performed upon her by another. [n50] They claim that adoption of the “quickening” distinction through received common [p152] law and state statutes tacitly recognizes the greater health hazards inherent in late abortion and impliedly repudiates the theory that life begins at conception.

It is with these interests, and the eight to be attached to them, that this case is concerned.

VIII

The Constitution does not explicitly mention any right of privacy. In a line of decisions, however, going back perhaps as far as Union Pacific R. Co. v. Botsford, 141 U.S. 250, 251 (1891), the Court has recognized that a right of personal privacy, or a guarantee of certain areas or zones of privacy, does exist under the Constitution. In varying contexts, the Court or individual Justices have, indeed, found at least the roots of that right in the First Amendment, Stanley v. Georgia, 394 U.S. 557, 564 (1969); in the Fourth and Fifth Amendments, Terry v. Ohio, 392 U.S. 1, 8-9 (1968), Katz v. United States, 389 U.S. 347, 350 (1967), Boyd v. United States, 116 U.S. 616 (1886), see Olmstead v. United States, 277 U.S. 438, 478 (1928) (Brandeis, J., dissenting); in the penumbras of the Bill of Rights, Griswold v. Connecticut, 381 U.S. at 484-485; in the Ninth Amendment, id. at 486 (Goldberg, J., concurring); or in the concept of liberty guaranteed by the first section of the Fourteenth Amendment, see Meyer v. Nebraska, 262 U.S. 390, 399 (1923). These decisions make it clear that only personal rights that can be deemed “fundamental” or “implicit in the concept of ordered liberty,” Palko v. Connecticut, 302 U.S. 319, 325 (1937), are included in this guarantee of personal privacy. They also make it clear that the right has some extension to activities relating to marriage, Loving v. Virginia, 388 U.S. 1, 12 (1967); procreation, Skinner v. Oklahoma, 316 U.S. 535, 541-542 (1942); contraception, Eisenstadt v. Baird, 405 U.S. at 453-454; id. at 460, 463-465 [p153] (WHITE, J., concurring in result); family relationships, Prince v. Massachusetts, 321 U.S. 158, 166 (1944); and childrearing and education, Pierce v. Society of Sisters, 268 U.S. 510, 535 (1925), Meyer v. Nebraska, supra.

This right of privacy, whether it be founded in the Fourteenth Amendment’s concept of personal liberty and restrictions upon state action, as we feel it is, or, as the District Court determined, in the Ninth Amendment’s reservation of rights to the people, is broad enough to encompass a woman’s decision whether or not to terminate her pregnancy. The detriment that the State would impose upon the pregnant woman by denying this choice altogether is apparent. Specific and direct harm medically diagnosable even in early pregnancy may be involved. Maternity, or additional offspring, may force upon the woman a distressful life and future. Psychological harm may be imminent. Mental and physical health may be taxed by child care. There is also the distress, for all concerned, associated with the unwanted child, and there is the problem of bringing a child into a family already unable, psychologically and otherwise, to care for it. In other cases, as in this one, the additional difficulties and continuing stigma of unwed motherhood may be involved. All these are factors the woman and her responsible physician necessarily will consider in consultation.

On the basis of elements such as these, appellant and some amici argue that the woman’s right is absolute and that she is entitled to terminate her pregnancy at whatever time, in whatever way, and for whatever reason she alone chooses. With this we do not agree. Appellant’s arguments that Texas either has no valid interest at all in regulating the abortion decision, or no interest strong enough to support any limitation upon the woman’s sole determination, are unpersuasive. The [p154] Court’s decisions recognizing a right of privacy also acknowledge that some state regulation in areas protected by that right is appropriate. As noted above, a State may properly assert important interests in safeguarding health, in maintaining medical standards, and in protecting potential life. At some point in pregnancy, these respective interests become sufficiently compelling to sustain regulation of the factors that govern the abortion decision. The privacy right involved, therefore, cannot be said to be absolute. In fact, it is not clear to us that the claim asserted by some amici that one has an unlimited right to do with one’s body as one pleases bears a close relationship to the right of privacy previously articulated in the Court’s decisions. The Court has refused to recognize an unlimited right of this kind in the past. Jacobson v. Massachusetts, 197 U.S. 11 (1905) (vaccination); Buck v. Bell, 274 U.S. 200 (1927) ( sterilization).

We, therefore, conclude that the right of personal privacy includes the abortion decision, but that this right is not unqualified, and must be considered against important state interests in regulation.

We note that those federal and state courts that have recently considered abortion law challenges have reached the same conclusion. A majority, in addition to the District Court in the present case, have held state laws unconstitutional, at least in part, because of vagueness or because of overbreadth and abridgment of rights. Abele v. Markle, 342 F.Supp. 800 (Conn.1972), appeal docketed, No. 72-56; Abele v. Markle, 351 F.Supp. 224 (Conn.1972), appeal docketed, No. 72-730; Doe v. Bolton, 319 F.Supp. 1048 (ND Ga.1970), appeal decided today, post, p. 179; Doe v. Scott, 321 F.Supp. 1385 (ND Ill.1971), appeal docketed, No. 70-105; Poe v. Menghini, 339 F.Supp. 986 (Kan.1972); YWCA v. Kuler, 342 F.Supp. 1048 (NJ 1972); Babbitz v. McCann, [p155] 310 F.Supp. 293 (ED Wis.1970), appeal dismissed, 400 U.S. 1 (1970); People v. Belous, 71 Cal.2d 954, 458 P.2d 194 (1969), cert. denied, 397 U.S. 915 (1970); State v. Barquet, 262 So.2d 431 (Fla.1972).

Others have sustained state statutes. Crossen v. Attorney General, 344 F.Supp. 587 (ED Ky.1972), appeal docketed, No. 72-256; Rosen v. Louisiana State Board of Medical Examiners, 318 F.Supp. 1217 (ED La.1970), appeal docketed, No. 70-42; Corkey v. Edwards, 322 F.Supp. 1248 (WDNC 1971), appeal docketed, No. 71-92; Steinberg v. Brown, 321 F.Supp. 741 (ND Ohio 1970); Doe v. Rampton (Utah 1971), appeal docketed, No. 71-5666; Cheaney v. State, ___ Ind. ___, 285 N.E.2d 265 (1972); Spears v. State, 257 So.2d 876 (Miss. 1972); State v. Munson, 86 S.D. 663, 201 N.W.2d 123 (1972), appeal docketed, No. 72-631.

Although the results are divided, most of these courts have agreed that the right of privacy, however based, is broad enough to cover the abortion decision; that the right, nonetheless, is not absolute, and is subject to some limitations; and that, at some point, the state interests as to protection of health, medical standards, and prenatal life, become dominant. We agree with this approach.

Where certain “fundamental rights” are involved, the Court has held that regulation limiting these rights may be justified only by a “compelling state interest,” Kramer v. Union Free School District, 395 U.S. 621, 627 (1969); Shapiro v. Thompson, 394 U.S. 618, 634 (1969), Sherbert v. Verner, 374 U.S. 398, 406 (1963), and that legislative enactments must be narrowly drawn to express only the legitimate state interests at stake. Griswold v. Connecticut, 381 U.S. at 485; Aptheker v. Secretary of State, 378 U.S. 500, 508 (1964); Cantwell v. Connecticut, 310 U.S. 296, 307-308 (1940); see [p156] Eisenstadt v. Baird, 405 U.S. at 460, 463-464 (WHITE, J., concurring in result).

In the recent abortion cases cited above, courts have recognized these principles. Those striking down state laws have generally scrutinized the State’s interests in protecting health and potential life, and have concluded that neither interest justified broad limitations on the reasons for which a physician and his pregnant patient might decide that she should have an abortion in the early stages of pregnancy. Courts sustaining state laws have held that the State’s determinations to protect health or prenatal life are dominant and constitutionally justifiable.

IX

The District Court held that the appellee failed to meet his burden of demonstrating that the Texas statute’s infringement upon Roe’s rights was necessary to support a compelling state interest, and that, although the appellee presented “several compelling justifications for state presence in the area of abortions,” the statutes outstripped these justifications and swept “far beyond any areas of compelling state interest.” 314 F.Supp. at 1222-1223. Appellant and appellee both contest that holding. Appellant, as has been indicated, claims an absolute right that bars any state imposition of criminal penalties in the area. Appellee argues that the State’s determination to recognize and protect prenatal life from and after conception constitutes a compelling state interest. As noted above, we do not agree fully with either formulation.

A. The appellee and certain amici argue that the fetus is a “person” within the language and meaning of the Fourteenth Amendment. In support of this, they outline at length and in detail the well known facts of fetal development. If this suggestion of personhood is established, the appellant’s case, of course, collapses, [p157] for the fetus’ right to life would then be guaranteed specifically by the Amendment. The appellant conceded as much on reargument. [n51] On the other hand, the appellee conceded on reargument [n52] that no case could be cited that holds that a fetus is a person within the meaning of the Fourteenth Amendment.

The Constitution does not define “person” in so many words. Section 1 of the Fourteenth Amendment contains three references to “person.” The first, in defining “citizens,” speaks of “persons born or naturalized in the United States.” The word also appears both in the Due Process Clause and in the Equal Protection Clause. “Person” is used in other places in the Constitution: in the listing of qualifications for Representatives and Senators, Art. I, § 2, cl. 2, and § 3, cl. 3; in the Apportionment Clause, Art. I, § 2, cl. 3; [n53] in the Migration and Importation provision, Art. I, § 9, cl. 1; in the Emolument Clause, Art. I, § 9, cl. 8; in the Electors provisions, Art. II, § 1, cl. 2, and the superseded cl. 3; in the provision outlining qualifications for the office of President, Art. II, § 1, cl. 5; in the Extradition provisions, Art. IV, § 2, cl. 2, and the superseded Fugitive Slave Clause 3; and in the Fifth, Twelfth, and Twenty-second Amendments, as well as in §§ 2 and 3 of the Fourteenth Amendment. But in nearly all these instances, the use of the word is such that it has application only post-natally. None indicates, with any assurance, that it has any possible pre-natal application. [n54] [p158]

All this, together with our observation, supra, that, throughout the major portion of the 19th century, prevailing legal abortion practices were far freer than they are today, persuades us that the word “person,” as used in the Fourteenth Amendment, does not include the unborn. [n55] This is in accord with the results reached in those few cases where the issue has been squarely presented. McGarvey v. Magee-Womens Hospital, 340 F.Supp. 751 (WD Pa.1972); Byrn v. New York City Health & Hospitals Corp., 31 N.Y.2d 194, 286 N.E.2d 887 (1972), appeal docketed, No. 72-434; Abele v. Markle, 351 F.Supp. 224 (Conn.1972), appeal docketed, No. 72-730. Cf. Cheaney v. State, ___ Ind. at ___, 285 N.E.2d at 270; Montana v. Rogers, 278 F.2d 68, 72 (CA7 1960), aff’d sub nom. Montana v. Kennedy, 366 U.S. 308 (1961); Keeler v. Superior Court, 2 Cal.3d 619, 470 P.2d 617 (1970); State v. Dickinson, 28 [p159] Ohio St.2d 65, 275 N.E.2d 599 (1971). Indeed, our decision in United States v. Vuitch, 402 U.S. 62 (1971), inferentially is to the same effect, for we there would not have indulged in statutory interpretation favorable to abortion in specified circumstances if the necessary consequence was the termination of life entitled to Fourteenth Amendment protection.

This conclusion, however, does not of itself fully answer the contentions raised by Texas, and we pass on to other considerations.

B. The pregnant woman cannot be isolated in her privacy. She carries an embryo and, later, a fetus, if one accepts the medical definitions of the developing young in the human uterus. See Dorland’s Illustrated Medical Dictionary 478-479, 547 (24th ed.1965). The situation therefore is inherently different from marital intimacy, or bedroom possession of obscene material, or marriage, or procreation, or education, with which Eisenstadt and Griswold, Stanley, Loving, Skinner, and Pierce and Meyer were respectively concerned. As we have intimated above, it is reasonable and appropriate for a State to decide that, at some point in time another interest, that of health of the mother or that of potential human life, becomes significantly involved. The woman’s privacy is no longer sole and any right of privacy she possesses must be measured accordingly.

Texas urges that, apart from the Fourteenth Amendment, life begins at conception and is present throughout pregnancy, and that, therefore, the State has a compelling interest in protecting that life from and after conception. We need not resolve the difficult question of when life begins. When those trained in the respective disciplines of medicine, philosophy, and theology are unable to arrive at any consensus, the judiciary, at this point in the development of man’s knowledge, is not in a position to speculate as to the answer. [p160]

It should be sufficient to note briefly the wide divergence of thinking on this most sensitive and difficult question. There has always been strong support for the view that life does not begin until live’ birth. This was the belief of the Stoics. [n56] It appears to be the predominant, though not the unanimous, attitude of the Jewish faith. [n57] It may be taken to represent also the position of a large segment of the Protestant community, insofar as that can be ascertained; organized groups that have taken a formal position on the abortion issue have generally regarded abortion as a matter for the conscience of the individual and her family. [n58] As we have noted, the common law found greater significance in quickening. Physician and their scientific colleagues have regarded that event with less interest and have tended to focus either upon conception, upon live birth, or upon the interim point at which the fetus becomes “viable,” that is, potentially able to live outside the mother’s womb, albeit with artificial aid. [n59] Viability is usually placed at about seven months (28 weeks) but may occur earlier, even at 24 weeks. [n60] The Aristotelian theory of “mediate animation,” that held sway throughout the Middle Ages and the Renaissance in Europe, continued to be official Roman Catholic dogma until the 19th century, despite opposition to this “ensoulment” theory from those in the Church who would recognize the existence of life from [p161] the moment of conception. [n61] The latter is now, of course, the official belief of the Catholic Church. As one brief amicus discloses, this is a view strongly held by many non-Catholics as well, and by many physicians. Substantial problems for precise definition of this view are posed, however, by new embryological data that purport to indicate that conception is a “process” over time, rather than an event, and by new medical techniques such as menstrual extraction, the “morning-after” pill, implantation of embryos, artificial insemination, and even artificial wombs. [n62]

In areas other than criminal abortion, the law has been reluctant to endorse any theory that life, as we recognize it, begins before live birth, or to accord legal rights to the unborn except in narrowly defined situations and except when the rights are contingent upon live birth. For example, the traditional rule of tort law denied recovery for prenatal injuries even though the child was born alive. [n63] That rule has been changed in almost every jurisdiction. In most States, recovery is said to be permitted only if the fetus was viable, or at least quick, when the injuries were sustained, though few [p162] courts have squarely so held. [n64] In a recent development, generally opposed by the commentators, some States permit the parents of a stillborn child to maintain an action for wrongful death because of prenatal injuries. [n65] Such an action, however, would appear to be one to vindicate the parents’ interest and is thus consistent with the view that the fetus, at most, represents only the potentiality of life. Similarly, unborn children have been recognized as acquiring rights or interests by way of inheritance or other devolution of property, and have been represented by guardians ad litem. [n66] Perfection of the interests involved, again, has generally been contingent upon live birth. In short, the unborn have never been recognized in the law as persons in the whole sense.

X

In view of all this, we do not agree that, by adopting one theory of life, Texas may override the rights of the pregnant woman that are at stake. We repeat, however, that the State does have an important and legitimate interest in preserving and protecting the health of the pregnant woman, whether she be a resident of the State or a nonresident who seeks medical consultation and treatment there, and that it has still another important and legitimate interest in protecting the potentiality of human life. These interests are separate and distinct. Each grows in substantiality as the woman approaches [p163] term and, at a point during pregnancy, each becomes “compelling.”

With respect to the State’s important and legitimate interest in the health of the mother, the “compelling” point, in the light of present medical knowledge, is at approximately the end of the first trimester. This is so because of the now-established medical fact, referred to above at 149, that, until the end of the first trimester mortality in abortion may be less than mortality in normal childbirth. It follows that, from and after this point, a State may regulate the abortion procedure to the extent that the regulation reasonably relates to the preservation and protection of maternal health. Examples of permissible state regulation in this area are requirements as to the qualifications of the person who is to perform the abortion; as to the licensure of that person; as to the facility in which the procedure is to be performed, that is, whether it must be a hospital or may be a clinic or some other place of less-than-hospital status; as to the licensing of the facility; and the like.

This means, on the other hand, that, for the period of pregnancy prior to this “compelling” point, the attending physician, in consultation with his patient, is free to determine, without regulation by the State, that, in his medical judgment, the patient’s pregnancy should be terminated. If that decision is reached, the judgment may be effectuated by an abortion free of interference by the State.

With respect to the State’s important and legitimate interest in potential life, the “compelling” point is at viability. This is so because the fetus then presumably has the capability of meaningful life outside the mother’s womb. State regulation protective of fetal life after viability thus has both logical and biological justifications. If the State is interested in protecting fetal life after viability, it may go so far as to proscribe abortion [p164] during that period, except when it is necessary to preserve the life or health of the mother.

Measured against these standards, Art. 1196 of the Texas Penal Code, in restricting legal abortions to those “procured or attempted by medical advice for the purpose of saving the life of the mother,” sweeps too broadly. The statute makes no distinction between abortions performed early in pregnancy and those performed later, and it limits to a single reason, “saving” the mother’s life, the legal justification for the procedure. The statute, therefore, cannot survive the constitutional attack made upon it here.

This conclusion makes it unnecessary for us to consider the additional challenge to the Texas statute asserted on grounds of vagueness. See United States v. Vuitch, 402 U.S. at 67-72.

XI

To summarize and to repeat:

1. A state criminal abortion statute of the current Texas type, that excepts from criminality only a lifesaving procedure on behalf of the mother, without regard to pregnancy stage and without recognition of the other interests involved, is violative of the Due Process Clause of the Fourteenth Amendment.

(a) For the stage prior to approximately the end of the first trimester, the abortion decision and its effectuation must be left to the medical judgment of the pregnant woman’s attending physician.

(b) For the stage subsequent to approximately the end of the first trimester, the State, in promoting its interest in the health of the mother, may, if it chooses, regulate the abortion procedure in ways that are reasonably related to maternal health.

(c) For the stage subsequent to viability, the State in promoting its interest in the potentiality of human life [p165] may, if it chooses, regulate, and even proscribe, abortion except where it is necessary, in appropriate medical judgment, for the preservation of the life or health of the mother.

2. The State may define the term “physician,” as it has been employed in the preceding paragraphs of this Part XI of this opinion, to mean only a physician currently licensed by the State, and may proscribe any abortion by a person who is not a physician as so defined.

In Doe v. Bolton, post, p. 179, procedural requirements contained in one of the modern abortion statutes are considered. That opinion and this one, of course, are to be read together. [n67]

This holding, we feel, is consistent with the relative weights of the respective interests involved, with the lessons and examples of medical and legal history, with the lenity of the common law, and with the demands of the profound problems of the present day. The decision leaves the State free to place increasing restrictions on abortion as the period of pregnancy lengthens, so long as those restrictions are tailored to the recognized state interests. The decision vindicates the right of the physician to administer medical treatment according to his professional judgment up to the points where important [p166] state interests provide compelling justifications for intervention. Up to those points, the abortion decision in all its aspects is inherently, and primarily, a medical decision, and basic responsibility for it must rest with the physician. If an individual practitioner abuses the privilege of exercising proper medical judgment, the usual remedies, judicial and intra-professional, are available.

XII

Our conclusion that Art. 1196 is unconstitutional means, of course, that the Texas abortion statutes, as a unit, must fall. The exception of Art. 1196 cannot be struck down separately, for then the State would be left with a statute proscribing all abortion procedures no matter how medically urgent the case.

Although the District Court granted appellant Roe declaratory relief, it stopped short of issuing an injunction against enforcement of the Texas statutes. The Court has recognized that different considerations enter into a federal court’s decision as to declaratory relief, on the one hand, and injunctive relief, on the other. Zwickler v. Koota, 389 U.S. 241, 252-255 (1967); Dombrowski v. Pfister, 380 U.S. 479 (1965). We are not dealing with a statute that, on its face, appears to abridge free expression, an area of particular concern under Dombrowski and refined in Younger v. Harris, 401 U.S. at 50.

We find it unnecessary to decide whether the District Court erred in withholding injunctive relief, for we assume the Texas prosecutorial authorities will give full credence to this decision that the present criminal abortion statutes of that State are unconstitutional.

The judgment of the District Court as to intervenor Hallford is reversed, and Dr. Hallford’s complaint in intervention is dismissed. In all other respects, the judgment [p167] of the District Court is affirmed. Costs are allowed to the appellee.

It is so ordered.

[For concurring opinion of MR. CHIEF JUSTICE BURGER, see post, p. 207.]

[For concurring opinion of MR. JUSTICE DOUGLAS, see post, p. 209.]

[For dissenting opinion of MR. JUSTICE WHITE, see post, p. 221.]

1.

Article 1191. Abortion

If any person shall designedly administer to a pregnant woman or knowingly procure to be administered with her consent any drug or medicine, or shall use towards her any violence or means whatever externally or internally applied, and thereby procure an abortion, he shall be confined in the penitentiary not less than two nor more than five years; if it be done without her consent, the punishment shall be doubled. By “abortion” is meant that the life of the fetus or embryo shall be destroyed in the woman’s womb or that a premature birth thereof be caused.

Art. 1192. Furnishing the means

Whoever furnishes the means for procuring an abortion knowing the purpose intended is guilty as an accomplice.

Art. 1193. Attempt at abortion

If the means used shall fail to produce an abortion, the offender is nevertheless guilty of an attempt to produce abortion, provided it be shown that such means were calculated to produce that result, and shall be fined not less than one hundred nor more than one thousand dollars.

Art. 1194. Murder in producing abortion

If the death of the mother is occasioned by an abortion so produced or by an attempt to effect the same it is murder.

Art. 1196. By medical advice

Nothing in this chapter applies to an abortion procured or attempted by medical advice for the purpose of saving the life of the mother.

The foregoing Articles, together with Art. 1195, compose Chapter 9 of Title 15 of the Penal Code. Article 1195, not attacked here, reads:

Art. 1195. Destroying unborn child

Whoever shall during parturition of the mother destroy the vitality or life in a child in a state of being born and before actual birth, which child would otherwise have been born alive, shall be confined in the penitentiary for life or for not less than five years.

2. Ariz.Rev.Stat.Ann. § 13-211 (1956); Conn.Pub. Act No. 1 (May 1972 special session) (in 4 Conn.Leg.Serv. 677 (1972)), and Conn.Gen.Stat.Rev. §§ 53-29, 53-30 (1968) (or unborn child); Idaho Code § 18-601 (1948); Ill.Rev.Stat., c. 38, § 23-1 (1971); Ind.Code § 35-1-58-1 (1971); Iowa Code § 701.1 (1971); Ky.Rev.Stat. § 436.020 (1962); La.Rev.Stat. § 37: 1285(6) (1964) (loss of medical license) (but see § 14:87 (Supp. 1972) containing no exception for the life of the mother under the criminal statute); Me.Rev.Stat. Ann, Tit. 17, § 51 (1964); Mass.Gen.Laws Ann., c. 272, § 19 (1970) (using the term “unlawfully,” construed to exclude an abortion to save the mother’s life, Kudish v. Bd. of Registration, 356 Mass. 98, 248 N.E.2d 264 (1969)); Mich.Comp.Laws § 750.14 (1948); Minn.Stat. § 617.18 (1971); Mo.Rev.Stat. § 559.100 (1969); Mont.Rev.Codes Ann. § 94-401 (1969); Neb.Rev.Stat. § 28-405 (1964); Nev.Rev.Stat. § 200.220 (1967); N.H.Rev.Stat.Ann. § 585: 13 (1955); N.J.Stat.Ann. § 2A:87-1 (1969) (“without lawful justification”); N.D.Cent.Code §§ 12-25-01, 12-25-02 (1960); Ohio Rev.Code Ann. § 2901.16 (1953); Okla.Stat.Ann., Tit. 21, § 861 (1972-1973 Supp.); Pa.Stat.Ann., Tit. 18, §§ 4718, 4719 (1963) (“unlawful”); R.I.Gen.Laws Ann. § 11-3-1 (1969); S.D.Comp.Laws Ann. § 22-17-1 (1967); Tenn.Code Ann. §§ 39-301, 39-302 (1956); Utah Code Ann. §§ 76-2-1, 76-2-2 (1953); Vt.Stat.Ann., Tit. 13, § 101 (1958); W.Va.Code Ann. § 61-2-8 (1966); Wis.Stat. § 940.04 (1969); Wyo.Stat.Ann. §§ 6-77, 6-78 (1957).

3. Long ago, a suggestion was made that the Texas statutes were unconstitutionally vague because of definitional deficiencies. The Texas Court of Criminal Appeals disposed of that suggestion peremptorily, saying only,

It is also insisted in the motion in arrest of judgment that the statute is unconstitutional and void in that it does not sufficiently define or describe the offense of abortion. We do not concur in respect to this question.

Jackson v. State, 55 Tex.Cr.R. 79, 89, 115 S.W. 262, 268 (1908). The same court recently has held again that the State’s abortion statutes are not unconstitutionally vague or overbroad. Thompson v. State (Ct.Crim.App. Tex.1971), appeal docketed, No. 71-1200. The court held that “the State of Texas has a compelling interest to protect fetal life”; that Art. 1191 “is designed to protect fetal life”; that the Texas homicide statutes, particularly Art. 1205 of the Penal Code, are intended to protect a person “in existence by actual birth,” and thereby implicitly recognize other human life that is not “in existence by actual birth”; that the definition of human life is for the legislature and not the courts; that Art. 1196 “is more definite than the District of Columbia statute upheld in [United States v.] Vuitch” (402 U.S. 62); and that the Texas statute “is not vague and indefinite or overbroad.” A physician’s abortion conviction was affirmed.

In Thompson, n. 2, the court observed that any issue as to the burden of proof under the exemption of Art. 1196 “is not before us.” But see Veevers v. State, 172 Tex.Cr.R. 162, 168-169, 354 S.W.2d 161, 166-167 (1962). Cf. United States v. Vuitch, 402 U.S. 62, 69-71 (1971).

4. The name is a pseudonym.

5. These names are pseudonyms.

6. The appellee twice states in his brief that the hearing before the District Court was held on July 22, 1970. Brief for Appellee 13. The docket entries,App. 2, and the transcript, App. 76, reveal this to be an error. The July date appears to be the time of the reporter’s transcription. See App. 77.

7. We need not consider what different result, if any, would follow if Dr. Hallford’s intervention were on behalf of a class. His complaint in intervention does not purport to assert a class suit, and makes no reference to any class apart from an allegation that he “and others similarly situated” must necessarily guess at the meaning of Art. 1196. His application for leave to intervene goes somewhat further, for it asserts that plaintiff Roe does not adequately protect the interest of the doctor “and the class of people who are physicians . . . [and] the class of people who are . . . patients. . . .” The leave application, however, is not the complaint. Despite the District Court’s statement to the contrary, 314 F.Supp. at 1225, we fail to perceive the essentials of a class suit in the Hallford complaint.

8. A. Castiglioni, A History of Medicine 84 (2d ed.1947), E. Krumbhaar, translator and editor (hereinafter Castiglioni).

9. J. Ricci, The Genealogy of Gynaecology 52, 84, 113, 149 (2d ed.1950) (hereinafter Ricci); L. Lader, Abortion 75-77 (1966) (hereinafter Lader), K. Niswander, Medical Abortion Practices in the United States, in Abortion and the Law 37, 38-40 (D. Smith ed.1967); G. Williams, The Sanctity of Life and the Criminal Law 148 (1957) (hereinafter Williams); J. Noonan, An Almost Absolute Value in History, in The Morality of Abortion 1, 3-7 (J. Noonan ed.1970) (hereinafter Noonan); Quay, Justifiable Abortion — Medical and Legal Foundations (pt. 2), 49 Geo.L.J. 395, 40622 (1961) (hereinafter Quay).

10. L. Edelstein, The Hippocratic Oath 10 (1943) (hereinafter Edelstein). But see Castiglioni 227.

11. Edelstein 12; Ricci 113-114, 118-119; Noonan 5.

12. Edelstein 13-14

13. Castiglioni 148.

14. Id. at 154.

15. Edelstein 3.

16. Id. at 12, 15-18.

17. Id. at 18; Lader 76.

18. Edelstein 63.

19. Id. at 64.

20. Dorand’s Illustrated Medical Dictionary 1261 (24th ed.1965).

21. E. Coke, Institutes III *50; 1 W. Hawkins, Pleas of the Crown, c. 31, § 16 (4th ed. 1762); 1 W. Blackstone, Commentaries *129-130; M. Hale, Pleas of the Crown 433 (1st Amer. ed. 1847). For discussions of the role of the quickening concept in English common law, see Lader 78; Noonan 223-226; Means, The Law of New York Concerning Abortion and the Status of the Foetus, 1664-1968: A Case of Cessation of Constitutionality (pt. 1), 14 N.Y.L.F. 411, 418-428 (1968) (hereinafter Means I); Stern, Abortion: Reform and the Law, 59 J.Crim.L.C. & P.S. 84 (1968) (hereinafter Stern); Quay 430-432; Williams 152.

22. Early philosophers believed that the embryo or fetus did not become formed and begin to live until at least 40 days after conception for a male and 80 to 90 days for a female. See, for example, Aristotle, Hist.Anim. 7.3.583b; Gen.Anim. 2.3.736, 2.5.741; Hippocrates, Lib. de Nat.Puer., No. 10. Aristotle’s thinking derived from his three-stage theory of life: vegetable, animal, rational. The vegetable stage was reached at conception, the animal at “animation,” and the rational soon after live birth. This theory, together with the 40/80 day view, came to be accepted by early Christian thinkers.

The theological debate was reflected in the writings of St. Augustine, who made a distinction between embryo inanimatus, not yet endowed with a soul, and embryo animatus. He may have drawn upon Exodus 21:22. At one point, however, he expressed the view that human powers cannot determine the point during fetal development at which the critical change occurs. See Augustine, De Origine Animae 4.4 (Pub.Law 44.527). See also W. Reany, The Creation of the Human Soul, c. 2 and 83-86 (1932); Huser, The Crime of Abortion in Canon Law 15 (Catholic Univ. of America, Canon Law Studies No. 162, Washington, D.C.1942).

Galen, in three treatises related to embryology, accepted the thinking of Aristotle and his followers. Quay 426-427. Later, Augustine on abortion was incorporated by Gratian into the Decretum, published about 1140. Decretum Magistri Gratiani 2.32.2.7 to 2.32.2.10, in 1 Corpus Juris Canonici 1122, 1123 (A. Friedburg, 2d ed. 1879). This Decretal and the Decretals that followed were recognized as the definitive body of canon law until the new Code of 1917.

For discussions of the canon law treatment, see Means I, pp. 411-412; Noonan 20-26; Quay 426-430; see also J. Noonan, Contraception: A History of Its Treatment by the Catholic Theologians and Canonists 18-29 (1965).

23. Bracton took the position that abortion by blow or poison was homicide “if the foetus be already formed and animated, and particularly if it be animated.” 2 H. Bracton, De Legibus et Consuetudinibus Angliae 279 (T. Twiss ed. 1879), or, as a later translation puts it, “if the foetus is already formed or quickened, especially if it is quickened,” 2 H. Bracton, On the Laws and Customs of England 341 (S. Thorne ed.1968). See Quay 431; see also 2 Fleta 661 (Book 1, c. 23) (Selden Society ed.1955).

24. E. Coke, Institutes III *50.

25. 1 W. Blackstone, Commentaries *129-130.

26. Means, The Phoenix of Abortional Freedom: Is a Penumbral or Ninth-Amendment Right About to Arise from the Nineteenth Century Legislative Ashes of a Fourteenth Century Common Law Liberty?, 17 N.Y.L.F. 335 (1971) (hereinafter Means II). The author examines the two principal precedents cited marginally by Coke, both contrary to his dictum, and traces the treatment of these and other cases by earlier commentators. He concludes that Coke, who himself participated as an advocate in an abortion case in 1601, may have intentionally misstated the law. The author even suggests a reason: Coke’s strong feelings against abortion, coupled with his determination to assert common law (secular) jurisdiction to assess penalties for an offense that traditionally had been an exclusively ecclesiastical or canon law crime. See also Lader 78-79, who notes that some scholars doubt that the common law ever was applied to abortion; that the English ecclesiastical courts seem to have lost interest in the problem after 1527; and that the preamble to the English legislation of 1803, 43 Geo. 3, c. 58, § 1, referred to in the text, infra at 136, states that “no adequate means have been hitherto provided for the prevention and punishment of such offenses.”

27. Commonwealth v. Bangs, 9 Mass. 387, 388 (1812); Commonwealth v. Parker, 50 Mass. (9 Metc.) 263, 265-266 (1845); State v. Cooper, 22 N.J.L. 52, 58 (1849); Abrams v. Foshee, 3 Iowa 274, 278-280 (1856); Smith v. Gaffard, 31 Ala. 45, 51 (1857); Mitchell v. Commonwealth, 78 Ky. 204, 210 (1879); Eggart v. State, 40 Fla. 527, 532, 25 So. 144, 145 (1898); State v. Alcorn, 7 Idaho 599, 606, 64 P. 1014, 1016 (1901); Edwards v. State, 79 Neb. 251, 252, 112 N.W. 611, 612 (1907); Gray v. State, 77 Tex.Cr.R. 221, 224, 178 S.W. 337, 338 (1915); Miller v. Bennett, 190 Va. 162, 169, 56 S.E.2d 217, 221 (1949). Contra, Mills v. Commonwealth, 13 Pa. 631, 633 (1850); State v. Slagle, 83 N.C. 630, 632 (1880).

28. See Smith v. State, 33 Me. 48, 55 (1851); Evans v. People, 49 N.Y. 86, 88 (1872); Lamb v. State, 67 Md. 524, 533, 10 A. 208 (1887).

29. Conn.Stat., Tit. 20, § 14 (1821).

30. Conn.Pub. Acts, c. 71, § 1 (1860).

31. N.Y.Rev.Stat., pt. 4, c. 1, Tit. 2, Art. 1, § 9, p. 661, and Tit. 6, § 21, p. 694 (1829).

32. Act of Jan. 20, 1840, § 1, set forth in 2 H. Gammel, Laws of Texas 177-178 (1898); see Grigsby v. Reib, 105 Tex. 597, 600, 153 S.W. 1124, 1125 (1913).

33. The early statutes are discussed in Quay 435-438. See also Lader 85-88; Stern 85-86; and Means II 37376.

34. Criminal abortion statutes in effect in the States as of 1961, together with historical statutory development and important judicial interpretations of the state statutes, are cited and quoted in Quay 447-520. See Comment, A Survey of the Present Statutory and Case Law on Abortion: The Contradictions and the Problems, 1972 U.Ill.L.F. 177, 179, classifying the abortion statutes and listing 25 States as permitting abortion only if necessary to save or preserve the mother’s life.

35. Ala.Code, Tit. 14, § 9 (1958); D.C.Code Ann. § 22-201 (1967).

36. Mass.Gen.Laws Ann., c. 272, § 19 (1970); N.J.Stat.Ann. § 2A: 87-1 (1969); Pa.Stat.Ann., Tit. 18, §§ 4718, 4719 (1963).

37. Fourteen States have adopted some form of the ALI statute. See Ark.Stat.Ann. §§ 41-303 to 41-310 (Supp. 1971); Calif.Health & Safety Code §§ 25950-25955.5 (Supp. 1972); Colo.Rev.Stat.Ann. §§ 40-2-50 to 40-2-53 (Cum.Supp. 1967); Del.Code Ann., Tit. 24, §§ 1790-1793 (Supp. 1972); Florida Law of Apr. 13, 1972, c. 72-196, 1972 Fla.Sess.Law Serv., pp. 380-382; Ga.Code §§ 26-1201 to 26-1203 (1972); Kan.Stat.Ann. § 21-3407 (Supp. 1971); Md.Ann.Code, Art. 43, §§ 137-139 (1971); Miss.Code Ann. § 2223 (Supp. 1972); N.M.Stat.Ann. §§ 40A-5-1 to 40A-5-3 (1972); N.C.Gen.Stat. § 14-45.1 (Supp. 1971); Ore.Rev.Stat. §§ 435.405 to 435.495 (1971); S.C.Code Ann. §§ 16-82 to 16-89 (1962 and Supp. 1971); Va.Code Ann. §§ 18.1-62 to 18.1-62.3 (Supp. 1972). Mr. Justice Clark described some of these States as having “led the way.” Religion, Morality, and Abortion: A Constitutional Appraisal, 2 Loyola U. (L.A.) L.Rev. 1, 11 (1969).

By the end of 1970, four other States had repealed criminal penalties for abortions performed in early pregnancy by a licensed physician, subject to stated procedural and health requirements. Alaska Stat. § 11.15.060 (1970); Haw.Rev.Stat. § 453-16 (Supp. 1971); N.Y.Penal Code § 125.05, subd. 3 (Supp. 1972-1973); Wash.Rev.Code §§ 9.02.060 to 9.02.080 (Supp. 1972). The precise status of criminal abortion laws in some States is made unclear by recent decisions in state and federal courts striking down existing state laws, in whole or in part.

38.

Whereas, Abortion, like any other medical procedure, should not be performed when contrary to the best interests of the patient since good medical practice requires due consideration for the patient’s welfare, and not mere acquiescence to the patient’s demand; and

Whereas, The standards of sound clinical judgment, which, together with informed patient consent, should be determinative according to the merits of each individual case; therefore be it

RESOLVED, That abortion is a medical procedure and should be performed only by a duly licensed physician and surgeon in an accredited hospital acting only after consultation with two other physicians chosen because of their professional competency and in conformance with standards of good medical practice and the Medical Practice Act of his State; and be it further

RESOLVED, That no physician or other professional personnel shall be compelled to perform any act which violates his good medical judgment. Neither physician, hospital, nor hospital personnel shall be required to perform any act violative of personally held moral principles. In these circumstances, good medical practice requires only that the physician or other professional personnel withdraw from the case so long as the withdrawal is consistent with good medical practice.

Proceedings of the AMA House of Delegates 220 (June 1970).

39.

The Principles of Medical Ethics of the AMA do not prohibit a physician from performing an abortion that is performed in accordance with good medical practice and under circumstances that do not violate the laws of the community in which he practices.

In the matter of abortions, as of any other medical procedure, the Judicial Council becomes involved whenever there is alleged violation of the Principles of Medical Ethics as established by the House of Delegates.

40.

UNIFORM ABORTION ACT

SECTION 1. [Abortion Defined; When Authorized.]

(a) “Abortion” means the termination of human pregnancy with an intention other than to produce a live birth or to remove a dead fetus.

(b) An abortion may be performed in this state only if it is performed:

(1) by a physician licensed to practice medicine [or osteopathy] in this state or by a physician practicing medicine [or osteopathy] in the employ of the government of the United States or of this state, [and the abortion is performed] [in the physician’s office or in a medical clinic, or] in a hospital approved by the [Department of Health] or operated by the United States, this state, or any department, agency, [or political subdivision of either;] or by a female upon herself upon the advice of the physician; and

(2) within [20] weeks after the commencement of the pregnancy [or after [20] weeks only if the physician has reasonable cause to believe (i) there is a substantial risk that continuance of the pregnancy would endanger the life of the mother or would gravely impair the physical or mental health of the mother, (ii) that the child would be born with grave physical or mental defect, or (iii) that the pregnancy resulted from rape or incest, or illicit intercourse with a girl under the age of 16 years].

SECTION 2. [Penalty.] Any person who performs or procures an abortion other than authorized by this Act is guilty of a [felony] and, upon conviction thereof, may be sentenced to pay a fine not exceeding [$1,000] or to imprisonment [in the state penitentiary] not exceeding [5 years], or both.

SECTION 3. [Uniformity of Interpretation.] This Act shall be construed to effectuate its general purpose to make uniform the law with respect to the subject of this Act among those states which enact it.

SECTION 4. [Short Title.] This Act may be cited as the Uniform Abortion Act.

SECTION 5. [Severability.] If any provision of this Act or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 6. [Repeal.] The following acts and parts of acts are repealed:

(1)

(2)

(3)

SECTION 7. [Time of Taking Effect.] This Act shall take effect _________.

41.

This Act is based largely upon the New York abortion act following a review of the more recent laws on abortion in several states and upon recognition of a more liberal trend in laws on this subject. Recognition was given also to the several decisions in state and federal courts which show a further trend toward liberalization of abortion laws, especially during the first trimester of pregnancy.

Recognizing that a number of problems appeared in New York, a shorter time period for “unlimited” abortions was advisable. The time period was bracketed to permit the various states to insert a figure more in keeping with the different conditions that might exist among the states. Likewise, the language limiting the place or places in which abortions may be performed was also bracketed to account for different conditions among the states. In addition, limitations on abortions after the initial “unlimited” period were placed in brackets so that individual states may adopt all or any of these reasons, or place further restrictions upon abortions after the initial period.

This Act does not contain any provision relating to medical review committees or prohibitions against sanctions imposed upon medical personnel refusing to participate in abortions because of religious or other similar reasons, or the like. Such provisions, while related, do not directly pertain to when, where, or by whom abortions may be performed; however, the Act is not drafted to exclude such a provision by a state wishing to enact the same.

42. See, for example, YWCA v. Kugler, 342 F.Supp. 1048, 1074 (N.J.1972); Abele v. Markle, 342 F.Supp. 800, 805-806 (Conn.1972) (Newman, J., concurring in result), appeal docketed, No. 72-56; Walsingham v. State, 250 So.2d 857, 863 (Ervin, J., concurring) (Fla.1971); State v. Gedicke, 43 N.J.L. 86, 90 (1881); Means II 381-382.

43. See C. Haagensen & W. Lloyd, A Hundred Years of Medicine 19 (1943).

44. Potts, Postconceptive Control of Fertility, 8 Int’l J. of G. & O. 957, 967 (1970) (England and Wales); Abortion Mortality, 20 Morbidity and Mortality 208, 209 (June 12, 1971) (U.S. Dept. of HEW, Public Health Service) (New York City); Tietze, United States: Therapeutic Abortions, 1963-1968, 59 Studies in Family Planning 5, 7 (1970); Tietze, Mortality with Contraception and Induced Abortion, 45 Studies in Family Planning 6 (1969) (Japan, Czechoslovakia, Hungary); Tietze Lehfeldt, Legal Abortion in Eastern Europe, 175 J.A.M.A. 1149, 1152 (April 1961). Other sources are discussed in Lader 17-23.

45. See Brief of Amicus National Right to Life Committee; R. Drinan, The Inviolability of the Right to Be Born, in Abortion and the Law 107 (D. Smith ed.1967); Louisell, Abortion, The Practice of Medicine and the Due Process of Law, 16 U.C.L.A.L.Rev. 233 (1969); Noonan 1.

46. See, e.g., Abele v. Markle, 342 F.Supp. 800 (Conn.1972), appeal docketed, No. 72-56.

47. See discussions in Means I and Means II.

48. See, e.g., State v. Murphy, 27 N.J.L. 112, 114 (1858).

49. Watson v. State, 9 Tex.App. 237, 244-245 (1880); Moore v. State, 37 Tex. Cr.R. 552, 561, 40 S.W. 287, 290 (1897); Shaw v. State, 73 Tex.Cr.R. 337, 339, 165 S.W. 930, 931 (1914); Fondren v. State, 74 Tex.Cr.R. 552, 557, 169 S.W. 411, 414 (1914); Gray v. State, 77 Tex.Cr.R. 221, 229, 178 S.W. 337, 341 (1915). There is no immunity in Texas for the father who is not married to the mother. Hammett v. State, 84 Tex.Cr.R. 635, 209 S.W. 661 (1919); Thompson v. State (Ct.Crim.App. Tex.1971), appeal docketed, No. 71-1200.

50. See Smith v. State, 33 Me. at 55; In re Vince, 2 N.J. 443, 450, 67 A.2d 141, 144 (1949). A short discussion of the modern law on this issue is contained in the Comment to the ALI’s Model Penal Code § 207.11, at 158 and nn. 35-37 (Tent.Draft No. 9, 1959).

51. Tr. of Oral Rearg. 20-21.

52. Tr. of Oral Rearg. 24.

53. We are not aware that in the taking of any census under this clause, a fetus has ever been counted.

54. When Texas urges that a fetus is entitled to Fourteenth Amendment protection as a person, it faces a dilemma. Neither in Texas nor in any other State are all abortions prohibited. Despite broad proscription, an exception always exists. The exception contained in Art. 1196, for an abortion procured or attempted by medical advice for the purpose of saving the life of the mother, is typical. But if the fetus is a person who is not to be deprived of life without due process of law, and if the mother’s condition is the sole determinant, does not the Texas exception appear to be out of line with the Amendment’s command?

There are other inconsistencies between Fourteenth Amendment status and the typical abortion statute. It has already been pointed out, n. 49, supra, that, in Texas, the woman is not a principal or an accomplice with respect to an abortion upon her. If the fetus is a person, why is the woman not a principal or an accomplice? Further, the penalty for criminal abortion specified by Art. 1195 is significantly less than the maximum penalty for murder prescribed by Art. 1257 of the Texas Penal Code. If the fetus is a person, may the penalties be different?

55. Cf. the Wisconsin abortion statute, defining “unborn child” to mean “a human being from the time of conception until it is born alive,” Wis.Stat. § 940.04(6) (1969), and the new Connecticut statute, Pub.Act No. 1 (May 1972 special session), declaring it to be the public policy of the State and the legislative intent “to protect and preserve human life from the moment of conception.”

56. Edelstein 16.

57. Lader 97-99; D. Feldman, Birth Control in Jewish Law 251-294 (1968). For a stricter view, see I. Jakobovits, Jewish Views on Abortion, in Abortion and the Law 124 (D. Smith ed.1967).

58. Amicus Brief for the American Ethical Union et al. For the position of the National Council of Churches and of other denominations, see Lader 99-101.

59. Hellman & J. Pritchard, Williams Obstetrics 493 (14th ed.1971); Dorland’s Illustrated Medical Dictionary 1689 (24th ed.1965).

60. Hellman & Pritchard, supra, n. 59, at 493.

61. For discussions of the development of the Roman Catholic position, see D. Callahan, Abortion: Law, Choice, and Morality 409-447 (1970); Noonan 1.

62. See Brodie, The New Biology and the Prenatal Child, 9 J.Family L. 391, 397 (1970); Gorney, The New Biology and the Future of Man, 15 U.C.L.A.L.Rev. 273 (1968); Note, Criminal Law — Abortion — The “Morning-After Pill” and Other Pre-Implantation Birth-Control Methods and the Law, 46 Ore.L.Rev. 211 (1967); G. Taylor, The Biological Time Bomb 32 (1968); A. Rosenfeld, The Second Genesis 138-139 (1969); Smith, Through a Test Tube Darkly: Artificial Insemination and the Law, 67 Mich.L.Rev. 127 (1968); Note, Artificial Insemination and the Law, 1968 U.Ill.L.F. 203.

63. W. Prosser, The Law of Torts 335-338 (4th ed.1971); 2 F. Harper & F. James, The Law of Torts 1028-1031 (1956); Note, 63 Harv.L.Rev. 173 (1949).

64. See cases cited in Prosser, supra, n. 63, at 336-338; Annotation, Action for Death of Unborn Child, 15 A.L.R.3d 992 (1967).

65. Prosser, supra, n. 63, at 338; Note, The Law and the Unborn Child: The Legal and Logical Inconsistencies, 46 Notre Dame Law. 349, 354-360 (1971).

66. Louisell, Abortion, The Practice of Medicine and the Due Process of Law, 16 U.C.L.A.L.Rev. 233, 235-238 (1969); Note, 56 Iowa L.Rev. 994, 999-1000 (1971); Note, The Law and the Unborn Child, 46 Notre Dame Law. 349, 351-354 (1971).

67. Neither in this opinion nor in Doe v. Bolton, post, p. 179, do we discuss the father’s rights, if any exist in the constitutional context, in the abortion decision. No paternal right has been asserted in either of the cases, and the Texas and the Georgia statutes on their face take no cognizance of the father. We are aware that some statutes recognize the father under certain circumstances. North Carolina, for example, N.C.Gen.Stat. § 14-45.1 (Supp. 1971), requires written permission for the abortion from the husband when the woman is a married minor, that is, when she is less than 18 years of age, 41 N.C.A.G. 489 (1971); if the woman is an unmarried minor, written permission from the parents is required. We need not now decide whether provisions of this kind are constitutional.

January 31, 2009

Prof. Anne Wortham’s Open Letter to America

This woman has a lot to say and she does it very eloquently.

  

Anne Wortham is Associate Professor of Sociology at Illinois State University and continuing Visiting Scholar at Stanford University’s Hoover Institution. She is a member of the American Sociological Association and the American Philosophical Association. She has been a John M. Olin Foundation Faculty Fellow, and honored as a Distinguished Alumni of the Year by the National Association for Equal Opportunity in Higher Education. In fall 1988 she was one of a select group of intellectuals who were featured in Bill Moyer’s television series, “A World of Ideas.” The transcript of her conversation with Moyers has been published in his book, A World of Ideas . Dr. Wortham is author of The Other Side of Racism: A Philosophical Study of Black Race Consciousness which analyzes how race consciousness is transformed into political strategies and policy issues. She has published numerous articles on the implications of individual rights for civil rights policy, and is currently writing a book on theories of social and cultural marginality. Recently, she has published articles on the significance of multiculturalism and Afrocentricism in education, the politics of victimization and the social and political impact of political correctness. Shortly after an interview in 2004 she was awarded tenure. This article by her is something else.

  

No He Can’t  – – – by Anne Wortham

  

Fellow Americans,

  

                  Please know: I am black; I grew up in the segregated South. I did not vote for Barack Obama; I wrote in Ron Paul’s name as my choice for president. Most importantly, I am not race conscious. I do not require a black president to know that I am a person of worth, and that life is worth living. I do not require a black president to love the ideal of America. I cannot join you in your celebration. I feel no elation. There is no smile on my face. I am not jumping with joy. There are no tears of triumph in my eyes. For such emotions and behavior to come from me, I would have to deny all that I know about the requirements of human flourishing and survival – all that I know about the history of the United States of America, all that I know about American race relations, and all that I know about Barack Obama as a politician. I would have to deny the nature of the “change” that Obama asserts has come to America. Most importantly, I would have to abnegate my certain understanding that you have  chosen to sprint down the road to serfdom that we have been on for over a century. I would have to pretend that individual liberty has no value for the success of a human life. I would have to evade your rejection of the slender reed of capitalism on which your success and mine depend. I would have to think it somehow rational that 94 percent of the 12 million blacks in this country voted for a man because he looks like them (that blacks are permitted to play the race card), and that they were joined by self-declared “progressive” whites who voted for him because he doesn’t look like them. I would have to be wipe my mind clean of all that I know about the kind of people who have advised and taught Barack Obama and will fill posts in his administration – political intellectuals like my former colleagues at the Harvard University’s Kennedy School of Government. I would have to believe that “fairness” is the equivalent of justice. I would have to believe that man who asks me to “go forward in a new spirit of service, in a new service of sacrifice” is speaking in my interest. I would have to accept the premise of a man that economic prosperity comes from the “bottom up,” and who arrogantly believes that he can will it into existence by the use of government force. I would have to admire a man who thinks the standard of living of the masses can be improved by destroying the most productive and the generators of wealth.

                  Finally, Americans, I would have to erase from my consciousness the scene of 125,000 screaming, crying, cheering people in Grant Park, Chicago irrationally chanting “Yes We Can!” Finally, I would have to wipe all memory of all the times I have heard politicians, pundits, journalists, editorialists, bloggers and intellectuals declare that capitalism is dead – and no one, including especially Alan Greenspan, objected to their assumption that the particular version of the anti-capitalistic mentality that they want to replace with their own version of anti-capitalism is anything remotely equivalent to capitalism.

                  So you have made history, Americans. You and your children have elected a black man to the office of the president of the United States, the wounded giant of the world. The battle between John Wayne and Jane Fonda is over – and that Fonda won. Eugene McCarthy and George McGovern must be very happy men. Jimmie Carter, too. And the Kennedys have at last gotten their Kennedy look-a-like. The self-righteous welfare statists in the suburbs can feel warm moments of satisfaction for having elected a black person. So, toast yourselves: 60s countercultural radicals, 80s yuppies and 90s bourgeois bohemians. Toast yourselves, Black America. Shout your glee Harvard, Princeton, Yale, Duke, Stanford, and Berkeley. You have elected not an individual who is qualified to be president, but a black man who, like the pragmatist Franklin Roosevelt, promises to – Do Something! You now have someone who has picked up the baton of Lyndon Johnson’s Great Society. But you have also foolishly traded your freedom and mine – what little there is left – for the chance to feel good.

                  There is nothing in me that can share your happy obliviousness.

October 4, 2008

The Polar Ice-Cap is having its most volatile year on record.

Filed under: Climatology, Energy Talk, Media Check — Tags: — justplainbill @ 7:14 pm

The Polar Ice-Cap is having its most volatile year on record.

So? 

 

Yupper, a record that we’ve been keeping for almost one hundred and fifty years. Let’s see, now, the ice cap’s been around for a few million years, but the last 150 are the important ones.

 

Oddly enough, The New York Times and various environmentalists, most of whom live in high rise apartments far from either pole, have deemed this important enough to point to as further evidence of man’s malevolent impact upon the global habitat. Hmm, I do believe that, since 1900, The New York Times has cried Wolf more times that we’re headed for the next massive ice age than hot house, and that they’ve had more than one Jason Blair scandal, Blair being the “Time’s reporter” who with the approval of the Editor-in-Chief, for over two years filed fantasy as fact, The New York Times is no longer a credible source for print news. This leaves, for serious daily print news, only The Wall Street Journal and her sister, Barron’s, (and, sorry for my faulty memory, and thanks for reminding me, The Christian Science Monitor); and the web, thanks to Google and Ask.com, and some of the other, manageable search engines, for daily print news, but I digress.

 

There are numerous reasons why the measuring of snow and ice for climatological purposes isn’t done at the North Pole; it is done in Antarctica, near the South Pole.

 

One of the many interesting aspects of this rotating ball of molten iron upon which we so precariously abide, is that the land masses form plates, called tectons, which make up the crust of the planet. These tectonic plates float along and bounce off of each other. At the interstices they either subsume each other or separate allowing the molten core to surface to form new crust. One aspect of this is that sea level is not the same around the world when measured by atmospheric pressure. In fact, the Pacific Ocean is about six inches higher than the Atlantic Ocean. This is because the plates consisting of Asia-Minor and South America are moving towards each other, and Africa is both closing the Mediterranean and opening the South Atlantic. The violent turbulence in the Straits of Magellan and the flow of the warm ocean current, starting in the Indian Ocean that ends up in the North Atlantic melting the polar ice cap as it passes Iceland, are proofs of this. Anther attribute of this tectonic movement is that, the water is always moving!

 

Another proof is that the last ice age was, with other factors, caused by the closing of the gap between the North American Plate and the South American Plate at Panama, thereby allowing the polar cap to dramatically expand and upset the then current balance, because the warm current instead of being able to move through what is now the Caribbean Sea and Gulf of Mexico, had to take the much longer route around South America allowing for additional cooling as it flowed past Antarctica and up through the South Atlantic.

 

As the temperature of water varies, so does its ability to solute chemicals. As an example of this, as the temperature drops, it will retain more CO2, as it rises, it will hold more salt and less Carbon Dioxide, your quick proofs are in the soda cans in your hands. Soda warm, when opened, fizzes as the CO2, no longer in solution, escapes; when the soda is cold when opened, you barely hear a pop; notice how salty you can make your pasta water when boiling, as compared to when it’s cool and the salt crystals simply drop to the bottom to await the heating of the water so that they can then dissolve, and if you do your water in this fashion, please note how the corrosive properties of the salt pits and destroys your pot.

 

As any U.S. Navy Submariner will tell you, if you’re fortunate enough to have such a vet in your social circle, at about the depth of 1,000 feet in the open ocean, is a thermal layer, above which is comparatively warm water, and below which is actually very cold water. Part of the cause of this layer is the ability of the sun to heat water. This layer is about where the sun’s impact stops. The chemical solution content above and below this layer is significantly different, partially due to the temperature difference.

You may also wish to note that temperature change in water, whether higher or lower, always causes kinetic activity, meaning, that it moves. And, moving water is always abrasive.

 

Another problem with ice formation is kinetic energy. Ice forms readily at 32o F in still water, but in moving water, the temperature must drop significantly below that, as determined by the velocity of the water and its mineral content. Pure water freezes at that 32o F whereas soluted water requires lower temperatures to freeze. The quick proof is evident for anyone who lives near a river or creek in the higher latitudes. At the edge of the flow, where the water is immobile, ice forms, whereas in the center of the river, where the current is strongest, the ice does not form, yet the temperature of both the water and the ambient air is the same in both locations.

 

So, the polar ice cap, subject to all of the above variables, is not the place to measure snow and ice. In the alternative, the South Pole has none of these problems. Beneath the South Pole ice layer, lies frozen tundra, not subject to current flow, saline content, nor tectonic activity.

 

Dr. David Bromwich, head of the Polar Meteorology Group of the Byrd Polar Research Center and professor in the Atmospheric Sciences Program at the Department of Geography of Ohio State University, president of the International Commission on Polar Meteorology, chair of the Polar DAAC Advisory Group, member of the Arctic Climate System Study Working Group on Reanalysis and past member of the National Academy of Sciences, Committee on Geophysical and Environmental Data, Ph.D., says, “The best we can say right now is that the climate models are somewhat inconsistent with the evidence that we have for the last 50 years from the continental Antarctic.”  and, “it’s hard to see a global warming signal from the mainland of Antarctica right now.”

 

BTW, as of today, 16 October 2008, the reports from the Acrtic Circle show that the glacial masses are increasing. Increasing means that there’s more snow than melt on them. More snow than melt means that we are headed for a cooling period. Hmm, now does Gore’s $100,000,000 profit make sense to you?

 

The Polar Ice-Cap is having its most volatile year on record.

So what?

[OK, today is March 1, 2009 and there’s an important update to this post: it seems that the original report that the polar ice cap is having a volatile years was wildly, and purportedly innocently, innaccurate. It seems that the people who did the original reporting failed to report a significant number of sensors, thus, seriously understating the actual amount of ice in the cap. After some responsbile people went and rechecked, they found that, in fact, the Polar Ice Cap is EXPANDING. So much for global warming Your Thighness Hillary Clinton, Secretary of Ignorant State.]

Better yet, for those of you who want to know what’s happening first hand, Discovery Channel runs “The Deadliest Catch” which is about crab fishermen in the Bering Sea. Sig Hansen, Phil Harris, The Colburns & Hilstrands, have all said during this last season that the Ice is coming farther and farther south and they have the radar & sounding records to prove it. So, who’ya gonna listen to? Al “never been there” Gore, or the crab fishermen who’re in it months at a time every year?

Well, someone must be doing some research. Today, 12 Dec 13, the lowest temperature ever recorded, was recorded! Guess where. That’s right, in Antarctica, where all legitimate climate study is being done. Sigh, where’s the IPCC now?

And, now, January 2014, a group of Russian climatologists has been frozen in the Antarctic Ice. They were going to Antarctica to prove “Global Warming”. Ok, so I guess that I was correct with all of that stuff about the Polar Ice Cap not being the place to go for scientific data, eh? Do I really need to say more? BTW, today, the high in Kansas City has been 3 degrees Fahrenheit. Hey, Al, send some of that global warming here to Kansas & Missouri so the winter wheat will grow and we won’t starve in 2014!!!

And, during a recent broadcast of the FOX NEWS Business Block, broadcast on Saturday mornings, Eric Bolling, host of Cashin’ In, posted two NASA photos of the polar ice cap. The first from 2013, the second from exactly one year later, ie 2014. Contrast of the two NASA photos show that the polar ice cap is in fact, EXPANDING, by hundreds of thousands of acres. So much for the idiots pushing climate change. BTW, considering that, in addition to the above essay, the continents are on floating plates that move around, in a jerky style of movement as denoted by earth quakes, no matter what man does, as the continents move, weather will change!!!

Update 31 May 2014
The Weekend edition of The Wall Street Journal has an article “Climate Clues”, p C-3, which explains a lot. It seems that this German climatologist actually goes to places and looks for facts to explain things. ‘Tipping’, according to his facts, takes place over millions of years. The IPCC (Dear Prez Obama, the IPCC is the Inter-GOVERNMENTAL Panel, not International, and the ‘p’ IS pronounced here), and those others who use computer models (gosh, doesn’t anyone understand GIGO? Garbage In = Garbage Out???), might want to get out of their air conditioned academic sanctuaries, and search for actual FACTS upon which to base their theories!

Update 3 July 2014

1. For the 2nd time in the last 2 weeks, scientists have measured and recorded the largest amount of Antarctic ice in history. And “yes”, you read correctly, the record has been achieved/broken 2 times in the last 2 weeks!

2. Last year NOAA, one of the “scientific” groups that expounds the “man made climate change” and “CO2” myths, went on record as saying July 2012 was the hottest July on record (if you recall MO was in a drought). This replaced July 1936 as the hottest July on record (July 1936 being smack dab in the middle if the dust bowl). Well over the last 2 weeks NOAA has very “quietly adjusted” the findings and surprise, July 1936 is once again the hottest July on record. Apparently NOAA’s pronouncement in 2013 that July 2012 was the hottest July was based completely on computer modeling and not real data. I gathered from the story that I heard that really the only reason they went back and “re-modeled” the data and “adjusted” the findings is due to a couple of very serious and vigilant watch dog groups. These groups are dedicated to ensuring there is accuracy and transparency w/ respect to the data, findings and stated causation impacts when it comes to the “man made climate change” debate. So they called NOAA out in several articles w/ respect to how they reached their conclusion and NOAA “quietly” “adjusted” the findings.

Update 29 July 14, Famous Meteorologist on Climate Change:

Weather Channel Founder Debunks Global Warming Hoax

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An award-winning meteorologist with 60 years of experience and founder of the Weather Channel has produced a video explaining the history of the man-made global warming hoax.

John Coleman was also a former broadcast meteorologist of the year of the American Meteorological Society (AMS). However, after being a member for several years, he quit the AMS after it became very clear to him that “the politics had gotten in the way of the science.” Coleman explains in the video that there is no man-made global warming, and why he’s sure about this.

The well-respected weatherman says that if there were evidence of man-made global warming, he would have dedicated his life to stopping it. “I love our wonderful planet Earth. If I thought it was threatened by global warming, I would devote my life to stopping the warming!”

Environmental activists now call it “climate change” instead of global warming because the warming has stopped, Coleman added, and $4.7 billion in taxpayer money is funding “bogus reports” and “bogus research.”

Coleman explains that any so-called “climate change” is extremely negligible from a long-term perspective and nothing unusual or alarming. He points out that Antarctic sea ice is close to an all-time high, and the polar bear population is as high as it’s been in recorded history.

In regard to rising sea levels, Coleman says:

“It’s rising at about the rate of about six inches per hundred years, as part of this inter-glacial period. When North America was covered in a 400 foot thick ice core at the end of the last ice age, the oceans were low, and then as that ice melted, of course the oceans have risen. That rise has been gentle and is not important.”

Coleman says in the video there are 9,000 PhDs and 31,000 scientists who have signed a petition saying that the CO2 global warming theory is a hoax. These climate change “non-believers” aren’t heard by most Americans because they don’t receive government funding. And they aren’t covered by the mainstream media because it almost always promotes the climate change theory.

This damning indictment by an experienced and well-respected meteorologist proves that the “climate change” movement is primarily (if not all) politically based. Its ultimate goal is to make Americans the enemy of the planet (so they’ll agree to greater government control over their behavior) — and to reduce America’s use of oil, gas and coal-based energy sources.

If you hear someone talk about “climate change” and that America should do something, show them this video as proof that it’s nothing more than left-wing, “Chicken Little” politics.

7 October 14

Article below, with references, shows global cooling even though many are still talking “climate change is caused by man”, well, hell, OF COURSE THERE’S CLIMATE CHANGE, JUST LOOK AT THE SEASONS AND CONSIDER THAT DURING ROMAN TIMES THE MEDIAN TEMPERATURE IS ESTIMATED TO HAVE BEEN 82 F !!! 30 years of cooling means at least 10 years of potential crop failures in the middle, and famine and disease, so, let’s REALLY keep those borders open and let all of those “dreamers” in without medical checks and quarantines.
BTW, how can they be wondering why the ocean levels are rising? Don’t these people even know basic chemistry? As pointed out above, the polar ice cap is expanding/growing, meaning the sea water is being displaced, just like when water is being frozen, the ice rises up and displaces the water below? Let’s get out of the U.N. and stop financing stupidity like the IPCC.

NASA Scientists Puzzled by Global Cooling on Land and Sea
Image: NASA Scientists Puzzled by Global Cooling on Land and Sea (iStock)

Monday, 06 Oct 2014 12:36 PM

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The deep ocean may not be hiding heat after all, raising new questions about why global warming appears to have slowed in recent years, said the US space agency Monday.

Scientists have noticed that while greenhouse gases have continued to mount in the first part of the 21st century, global average surface air temperatures have stopped rising along with them, said NASA.

Some studies have suggested that heat is being absorbed temporarily by the deep seas, and that this so-called global warming hiatus is a temporary trend.
Editor’s Note: Dark Winter: Book Exposes Fraud of Man Made Global Warming

But latest data from satellite and direct ocean temperature measurements from 2005 to 2013 “found the ocean abyss below 1.24 miles (1,995 meters) has not warmed measurably,” NASA said in a statement.

The findings present a new puzzle to scientists, but co-author Josh Willis of NASA’s Jet Propulsion Laboratory (JPL) said the reality of climate change is not being thrown into doubt.

“The sea level is still rising,” said Willis.

“We’re just trying to understand the nitty-gritty details.”

A separate study in August in the journal Science said the apparent slowdown in the Earth’s surface warming in the last 15 years could be due to that heat being trapped in the deep Atlantic and Southern Ocean.

But the NASA researchers said their approach, described in the journal Nature Climate Change, is the first to test the idea using satellite observations, as well as direct temperature measurements of the upper ocean.
Editor’s Note: NASA Expert: Sun Cycles To Cause 30 Year Cold Spell

“The deep parts of the ocean are harder to measure,” said researcher William Llovel of NASA JPL.

“The combination of satellite and direct temperature data gives us a glimpse of how much sea level rise is due to deep warming. The answer is — not much.”

12 Dec 2014, another update, completely ripping Al ‘jabba the hut’ Gore’s hoax of a movie, http://nws.mx/1IGXEwd .

29 Dec 2014, another update:
Capital Hill

Political & Economic Analysis

Polar Ice Not Melting, But Global Warming Story Is
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By KERRY JACKSON

Posted 11:41 AM ET

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Feeling low about the incessant screeching that the ice is catastrophically melting at the poles? A lot of us are, so it’s good to see a researcher buck the narrative.

Ted Maksym, an oceanographer at the Woods Hole Oceanographic Institution in Massachusetts, has drawn a conclusion that will surely bring him grief from the global-warming believers and cold shoulder from most of the mainstream media, which is heavily invested in the idea that man is heating his planet by burning fossil fuels.

“The North and South Poles are ‘not melting,'” the British Express reported on Christmas.

“In fact,” the Express said in its coverage of Maksym’s finding, “the poles are ‘much more stable’ than climate scientists once predicted and could even be much thicker than previously thought.”

Remember those words “previously thought.” In the future we will be seeing them a lot more in reference to the continued unraveling of the global warming fable. In the meantime, kudos to the Express for publishing what the mainstream American media refuse to report.

Read More At Investor’s Business Daily: http://news.investors.com/blogs-capital-hill/122914-732367-polar-ice-not-melting-oceanographer-says.htm#ixzz3NKQChTdo
Follow us: @IBDinvestors on Twitter | InvestorsBusinessDaily on Facebook

15 Jan 15 See Chris Horner’s book, “Red Hot Lies”.

12 February 2015, Interesting update: Yesterday, in Oslo Norway, the Norwegian Central Bank and a group of Norwegian scientists, announced that the climate change hoax had nearly destroyed the Norwegian Economy.
It seems that over the last 5 years, IPCC, U.N., NOAO, and the “global climate science community”, have been fiddling with the numbers to get their computer models to agree with their predictions. However, Norway, a Socialist Country, has been planning its economy for the last five years on the climate change assumptions. This means that they have been spending their entire national economic resources on the false assumptions that the Polar Ice Cap is melting, that their shorelines will shrink, that they will have tons more fresh water, acres and acres of more farm and pastureland, milder winters, and longer summers.
Only, since the global scientific community has been fiddling with the figures, the reverse has happened, thus bringing the Norwegian National Economy to the brink of collapse.
So, it seems that the fishermen of “The Deadliest Catch”, NASA satellite photography, scientists like Lawrence Solomon, and simple pundits such as Eric Bolling, have been proven correct, once again.

25 Feb 15, ;TWSJ and The Economist 4th quarter reports on Real Estate were recently released. I decided to look at a couple of other RE stats, simply because HGTV has posted its 2015 Showplace House/ Giveaway. The 3+MILLION $$$ house is located on Cape Cod, MA. Hmmmmm. So I looked a little farther into this.

RE prices are up in Big Sur CA, Cape Cod MA, Miami FL, throughout the Caribbean, all along both coasts of North AND South America, HI, and along the Indian Ocean. Hmmm.

Don’t get it yet??? It means that all of the greenies screaming about climate change, have NOT sold any of their big estates along the coasts! It means that the people who sell mortgages, do NOT believe in Climate Change! It means that the Kennedys, who have estates in MA and FL as well as CA and NY, do NOT believe in Climate Change! None of the limousine liberals have sold any of their coastal properties!!!

Gee, how much more needs to be said about this fraud????

Update 7 Dec 15 (Pearl Harbor Remembrance, BTW) TWSJ p A 14, letter to the editor by Terry W. Donze, Geophysicist, ‘Warming’ Science Is Anything but Settled’. A must read for anyone interested in the climate change controversy. Mr. Donze cites several real scientists who refute every aspect of climate change catastrophe from sea levels rising, false according to sea level expert, Nils-Axel Moerner “the greatest lie ever told”, through Arctic ice is melting despite it 5% increase. Every aspect of the climate change claim is refuted by actual climatologists, and not politicians like Al Gore.

Update 8 Sep 16   Was looking at the newest Voyager photos and slipped over to the Polar Ice cap current photos. Al Gore stated categorically that the Polar Ice cap would be gone by 2014. According to today’s satellite passing shots, it is bigger than ever since we started taking photos, and this for the end of summer condition.

Update 3 Oct 19     Been awhile, but several comments on this particular post in recent months have suggested to me to make an update. Bjorn Lomberg of the Stockholm Consensus, an environmental group in Sweden, no longer believes in Man-Made Climate Change. Other sources than Lawrence Solomon include anything by Joe Basterdi and the Galileo Movement. GM has several videos that are worth the time to view. Some have been pulled from youtube but if you search for them, you can get them all. Christopher Horner has two books and if you like dry humor on some of these subjects, almost anything by Mark Steyn.

Also, Varney & Co today reported that Americans paid more in taxes in 2018 than they spent on food, clothing, services, and healthcare; $18,000 vs $14,000. So, now what Ocrazy-O-Cortez, Warren, Sanders, Biden & Co? You want even more for WHAT???

7 July 2020

Michael Shellenberger is no slouch when it comes to environmental issues.Ditch the fake news ==> Click here to get news you can trust sent right to your inbox. It’s free!

Besides his TED talks garnering more than 5 million views, he’s a Green Book Award Winner, a frequent contributor to publications such as the New York Times, the Washington Post, the Wall Street Journal, Scientific American — and he also authored “Apocalypse Never: Why Environmental Alarmism Hurts Us All,” which was released Tuesday by HarperCollins.

But Shellenberger said a Forbes article — “On Behalf of Environmentalists, I Apologize for the Climate Scare” — based on his new book was soon “censored” soon after it went up Sunday. The Daily Wire reported that his piece was taken down from the Forbes website “a few hours” after it was published. The Forbes site on Tuesday showed where Shellenberger’s article should be — but only says it’s “no longer active.”

Image source: Forbes website

TheBlaze on Tuesday didn’t immediately hear back from Forbes in regard to the reasons Shellenberger’s article was removed or the reported time frame in which it was shuttered.

But Shellenberger has a few ideas on why his article is no longer there: “No book on the environment has ever been praised by a more prestigious group of scientists & scholars than ‘Apocalypse Never,'” he wrote on Twitter. “And no book has ever been more devastating to green alarmism. No wonder they’re so terrified you’ll read it.”

In a statement to the Daily Wire — which published his piece in its entirety — Shellenberger said, “I am grateful that Forbes has been so committed to publishing a range of viewpoints, including ones that challenge the conventional wisdom, and was thus disappointed my editors removed my piece from the web site. I believe Forbes is an important outlet for broadening environmental journalism beyond the overwhelmingly alarmist approach taken by most reporters, and look forward to contributing heterodoxical pieces on energy and the environment in the future.”

What does his article say?

Here’s how Shellenberger opens his article: “On behalf of environmentalists everywhere, I would like to formally apologize for the climate scare we created over the last 30 years. Climate change is happening. It’s just not the end of the world. It’s not even our most serious environmental problem.”

He also says he feels “an obligation to apologize for how badly we environmentalists have misled the public.”

Shellenberger then details a list of “facts few people know”:

  • Humans are not causing a “sixth mass extinction”
  • The Amazon is not “the lungs of the world”
  • Climate change is not making natural disasters worse
  • Fires have declined 25% around the world since 2003
  • The amount of land we use for meat — humankind’s biggest use of land — has declined by an area nearly as large as Alaska
  • The build-up of wood fuel and more houses near forests, not climate change, explain why there are more, and more dangerous, fires in Australia and California
  • Carbon emissions have been declining in rich nations including Britain, Germany and France since the mid-seventies
  • Adapting to life below sea level made the Netherlands rich not poor
  • We produce 25% more food than we need and food surpluses will continue to rise as the world gets hotter
  • Habitat loss and the direct killing of wild animals are bigger threats to species than climate change
  • Wood fuel is far worse for people and wildlife than fossil fuels
  • Preventing future pandemics requires more not less “industrial” agriculture

“I know that the above facts will sound like ‘climate denialism’ to many people,” he adds. “But that just shows the power of climate alarmism.”

More from Shellenberger’s article:

Some people will, when they read this imagine that I’m some right-wing anti-environmentalist. I’m not. At 17, I lived in Nicaragua to show solidarity with the Sandinista socialist revolution. At 23 I raised money for Guatemalan women’s cooperatives. In my early 20s I lived in the semi-Amazon doing research with small farmers fighting land invasions. At 26 I helped expose poor conditions at Nike factories in Asia.

I became an environmentalist at 16 when I threw a fundraiser for Rainforest Action Network. At 27 I helped save the last unprotected ancient redwoods in California.

In my 30s I advocated renewables and successfully helped persuade the Obama administration to invest $90 billion into them. Over the last few years I helped save enough nuclear plants from being replaced by fossil fuels to prevent a sharp increase in emissions.

Until last year, I mostly avoided speaking out against the climate scare. Partly that’s because I was embarrassed. After all, I am as guilty of alarmism as any other environmentalist. For years, I referred to climate change as an “existential” threat to human civilization, and called it a “crisis.”

But mostly I was scared. I remained quiet about the climate disinformation campaign because I was afraid of losing friends and funding. The few times I summoned the courage to defend climate science from those who misrepresent it I suffered harsh consequences. And so I mostly stood by and did next to nothing as my fellow environmentalists terrified the public.

He also added some highlights from his new book:

  • Factories and modern farming are the keys to human liberation and environmental progress
  • The most important thing for saving the environment is producing more food, particularly meat, on less land
  • The most important thing for reducing air pollution and carbon emissions is moving from wood to coal to petroleum to natural gas to uranium
  • 100% renewables would require increasing the land used for energy from today’s 0.5% to 50%
  • We should want cities, farms, and power plants to have higher, not lower, power densities
  • Vegetarianism reduces one’s emissions by less than 4%
  • Greenpeace didn’t save the whales, switching from whale oil to petroleum and palm oil did
  • “Free-range” beef would require 20 times more land and produce 300% more emissions
  • Greenpeace dogmatism worsened forest fragmentation of the Amazon
  • The colonialist approach to gorilla conservation in the Congo produced a backlash that may have resulted in the killing of 250 elephants

Shellenberger writes toward the end of his piece, “Once you realize just how badly misinformed we have been, often by people with plainly unsavory or unhealthy motivations, it is hard not to feel duped.”

2021:

More to update.

The October 2021 issue of BBCHiSTORY magazine, Vol. 22 no 10, http://www.historyextra.com , has an article entitled, “The (surprisingly) modern Middle Ages.” Runs from p 22 through p 28. Points out lots of interesting things about what is usually called The Dark Ages. Among the many things discussed, is the ‘little ice age’. Hmm, for several hundred years, there was little or no summer, lots of famines and plagues, earth quakes and storms, pretty much ending around 1820. Definitely long before the Industrial Revolution. Apparently, about 2,000 years ago, the median temperature in Fahrenheit was about 82. Greenland was green, ocean level maybe a few inches higher, but lots more land was available for farming. Wild fires before Columbus were about 12X more frequent than they are today, and storms much worse. Plagues and pandemics, mostly attributed to travelers from China, were frequent enough that at various times between 40% and 60% of various populations died. Not in the article is an economic estimate that personal wealth increased during this time, but this was mostly due to the number of deaths, those dying leaving inheritances that caused this.

Bluntly, there not only is no man-made climate change, but the global weather system appears to be headed back to the normal of 2,000 years ago.

And, whatever happened to that hole in the ozone layer that was going to kill all of us by 1990? Did it close up of its own accord? Did it shrink to a standard level of deviation as it has for centuries if not millennia? And what about the oxygen and nitrogen content in the atmosphere, has it gone up or down since 100,000 years ago? Does photosynthesis matter? But most importantly, why is that the likes of Biden, Kerry, Obama, &c., keep wanting to tax us to give the money to underdeveloped countries, you know, like China, knowing that the money will just be stolen by dictators, tyrants, and corrupt bureaucrats?

From the Wall Street Journal, p A 15, July 22, 2022:

How the Climate Elite Spread Misery

Most people are more worried about high gas and food prices, which green policies make worse.

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Bjorn Lomborg

July 21, 2022 6:36 pm ET

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A sidewalk in London, July 20.PHOTO: ANDY RAIN/SHUTTERSTOCK

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The chattering classes who jet to conferences at Davos or Aspen have for years been telling the rest of us that our biggest immediate threats are climate change, environmental disasters and biodiversity loss. They point to the current heat waves killing thousands across Europe as the latest reason to change our societies and economies radically by switching to renewables.

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Such arguments are misleading. It’s true that as temperatures rise the world will experience more heat waves, but humans also adapt to such things. In Spain, for example, rising temperatures have actually led to fewer heat deaths, because people have adapted faster than temperatures have gone up. It simply took air conditioning, public cooling centers and better treatment of maladies that are caused or aggravated by heat, such as heatstroke and heart disease.

The exclusive focus on heat deaths is also misleading. Across the world, low temperatures are much more dangerous than high ones: Half a million people die each year from heat, but more than 4.5 million die from cold. While rising temperatures will increase heat deaths, they will also decrease cold deaths. A recent Lancet study found that rising temperatures since 2000 have on net reduced the number of temperature-related deaths. Researchers concluded that by the end of the 2010s, rising temperatures globally were causing 116,000 more heat deaths annually, but also leading to 283,000 fewer cold deaths a year.

Moreover, politicians’ singular focus on climate change ignores that people are much more worried about rampant inflation, especially rising food and energy prices. And climate policies are making those problems worse.


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Much of the extreme energy-price increase that normal people are dealing with is caused by Russia’s war in Ukraine. But things wouldn’t be nearly as bad if the West hadn’t thrown up green roadblocks to its own energy security, such as President Biden’s moratorium on gas leases or Europe’s refusal to dig into its substantial shale gas reserves. Climate policies also increase energy prices by subsidizing renewables like solar and wind. That makes it even harder to adapt to the extreme temperatures climate activists bemoan. You need cheap and reliable energy to afford air conditioning in the summer and heating in the winter.

Rising fuel prices are also making food more expensive. Low-cost synthetic fertilizer is one of the greatest technologies humanity has invented for feeding the world, but it’s mostly made with natural gas. Even with almost a billion people at risk of starvation, climate-obsessed bureaucrats still object to producing more fertilizer because of the fossil fuels required.

The cost of green policies will become even harder to bear if politicians make good on their promises to hit net-zero emissions. Achieving this globally by 2050 would cost more than $5 trillion a year for the next three decades, according to McKinsey. That would be one-third of total global tax revenue. If every American were to shell out more than $5,000 a year, it would only get the U.S. 80% of the way there by midcentury. Hitting 100% would likely cost more than twice that. The European Union already pays €69 billion a year in subsidies to support its renewables. But if the EU persists with its even stauncher promises of net-zero, that annual climate policy cost is likely to exceed $1 trillion.

No wonder there’s political pushback to environmental grandstanding. The Netherlands has been roiled by protests since the government mandated in June that nitrogen-oxide and ammonia emissions, which are produced by livestock, must be slashed by 70% to 80% in some parts of the country. As many as 40,000 farmers demonstrated against the measure last month. Holland is among the world’s 10 largest food exporters, and these policies would decimate the country’s agriculture industry while global hunger is rising.

Sri Lanka is the epitome of elite environmentalism gone wrong. Pushed to go organic by activists and the World Economic Forum, the government banned synthetic fertilizers in April 2021. Food production collapsed and the currency defaulted. Hungry and outraged citizens launched protests, overran the presidential palace, and forced the government to resign en masse and the president to flee the country.

It’s entirely possible to help the climate and working families at the same time. The policies to do so are innovation-focused. Policy makers need to recognize that they simply can’t eliminate fossil fuels with current technologies. The world gets almost 80% of its energy from fossil fuels, and even if all current climate policies were fully implemented, by midcentury fossil fuels would still provide more than half of all energy used world-wide, according to the International Energy Agency. Instead of sending energy prices sky-high by trying to force a transition to renewables prematurely, policy makers should focus on funding research to develop clean energy sources that are actually affordable and reliable. And instead of badgering farmers to go organic, governments should invest in research to develop varieties of crops and agricultural practices that deliver higher yields with a smaller environmental footprint.

Some of these technologies are already in development. Greater funding could bring them to fruition more quickly and do a lot more to help limit emissions than the policies activists now hawk. These sorts of sensible measures would cost much less than policies like net-zero, leaving more money to meet the world’s many other challenges.

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It’s starting to dawn on some elites that their policies are creating political dangers. Frans Timmermans, the European Commission’s vice president, has said that many millions of Europeans may not be able to heat their homes this winter. This, he concludes, could lead to “very, very strong conflict and strife.”

He’s right. When people are cold, hungry and broke, they rebel. If the elites continue pushing incredibly expensive policies that are disconnected from the urgent challenges facing most people, we need to brace for chaos.

Mr. Lomborg is president of the Copenhagen Consensus and visiting fellow at Stanford University’s Hoover Institution. His latest book is “False Alarm: How Climate Change Panic Costs Us Trillions, Hurts the Poor, and Fails to Fix the Planet.”

Update, August 31, 2022:


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SCIENCE

1,100 Scientists and Professionals Declare: ‘There Is No Climate Emergency’

‘Climate science should be less political, while climate policies should be more scientific,’ scientists say

By ALLAN STEIN

More than 1,100 scientists and professionals worldwide have signed a World Climate Declaration (WCD) stating that there’s no climate emergency.

The independent foundation Climate Intelligence (CLINTEL) issued the one-page summary on June 27, garnering 1,152 total signatures in 15 countries as of Aug. 23.

“Climate science should be less political, while climate policies should be more scientific,” the summary reads. “Scientists should openly address uncertainties and exaggerations in their predictions of global warming.”

At the same time, “politicians should dispassionately count the real costs as well as the imagined


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1,100 Scientists and Professionals Declare: ‘There Is No Climate Emergency’

‘Climate science should be less political, while climate policies should be more scientific,’ scientists say

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benefits of their policy measures,” the declaration states.

CLINTEL was founded in 2019 by emeritus professor of geophysics Guus Berkhout and science journalist Marcel Crok to promote knowledge and understanding of climate change in forming climate policy.

Crok said the WCD project began in 2019 and that the power is in its message, brevity, and accessibility.

“The message is plain and clear: There is no climate emergency. Very important: This is true, even if you accept that CO2 is the main driver of the current climate change,” he told The Epoch Times in an email.

“We simply state that all evidence so far indicates that the increase in CO2 and the increase in temperature [are] not harmful for us or for nature and therefore the climate hysteria surrounding the topic is totally unjustified [and] that the ‘cure’— getting rid of fossil fuels asap and replacing them with renewables— probably will be worse than the ‘disease’ [climate change].”

Crok said the CLINTEL document has produced significant pushback from climate activists.

He said the organization sent many open letters to organizations such as the Intergovernmental Panel on Climate Change (IPCC), the U.N., and the World Economic Forum asking for a high-level meeting with CLINTEL scientists.

“ We normally don’t even get a polite reply,” Crok said. “Activists don’t like our WCD for the simple reason that they always claim there is a 97 percent or 99 percent or 99.9 percent consensus.

“So, they have two general ways to attack the WCD. They say that only a few [signatories] are active climate scientists and many are retired. Both are true and very understandable.”

The WCD states that the science of climate change is far from settled and that the geological archive shows Earth’s climate has been in flux for as long as the planet has existed.

We simply state that all evidence so far indicates that the increase in CO2 and the increase in temperature [are] not harmful for us or for nature.

Marcel Crok, science journalist

He said if a working climate scientist dependent on government money signs the WCD, they face the risk of getting fired.

“We have some brave enough to speak out nevertheless, but that means you will have to face a lot of criticism and attempts to discredit you,” Crok said.

Direct engagements with the activists are rare, he said.

“They simply dominate the media, and if they feel our WCD has some impact, they will arrange that it gets discredited in the media and the social media.”

In recent weeks, CLINTEL has received increased attention and new signatories, many of whom have worked in academia.

The WCD states that the science of climate change is far from settled and that the geological archive shows Earth’s climate has been in flux for as long as the planet has existed.

“Therefore, it is no surprise that we are now experiencing a period of warming. Natural as well as anthropogenic factors cause warming. The world has warmed significantly less than predicted [based on] modeled anthropogenic forcing,” it reads. “The gap between the real world and the modeled world tells us that we are far from understanding climate change.”

The WCD also states that climate models have “many shortcomings” and are unsatisfactory policy tools.

“They do not only exaggerate the effect of greenhouse gases, [but] they also ignore that enriching the atmosphere with CO2 is beneficial,” it reads. “CO2 is not a pollutant. It is essential to all life on Earth. More CO2 is favorable for nature, greening our planet.

“Additional CO2 in the air has promoted growth in global plant biomass. It is also profitable for agriculture, increasing the yields of crops worldwide.”

The Texas-based company Navigator Heartland Greenway recently announced plans to build a carbon capture network across five states in the U.S. Midwest to reduce greenhouse gas emissions. The company held public meetings on potential land takings to make way for the project earlier this year.

The proposed Heartland Greenway pipeline would span 1,300 miles across South Dakota, Minnesota, Nebraska, Iowa, and Illinois to nearly 20 recipient points. CO2 would be converted into liquid form and buried underground.

“CO2 is plant food, the basis of all life on Earth,” the declaration reads. “There is no statistical evidence that global warming is intensifying hurricanes, floods, droughts, and suchlike natural disasters or making them more frequent. However, there is ample evidence that CO2 mitigation measures are as damaging as they are costly.

“There is no climate emergency. Therefore, there is no cause for panic and alarm. We strongly oppose the harmful and unrealistic net-zero CO2 policy proposed for 2050.”

The declaration states that European leaders that climate policy should “respect scientific and economic realities.” “To believe the outcome of a climate model is to believe what the model makers have put in,” the WCD reads. “This is precisely the problem of today’s climate discussion to which climate models are central.

“Climate science has degenerated into a discussion based on beliefs, not on sound self-critical science. Should not we free ourselves from the naive belief in immature climate models?”

Crok said the document’s main goal is to make clear that even if you accept most of the claims of the IPCC, you can still conclude there’s no climate emergency.

“In this respect, our WCD should be uncontroversial,” he said.

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A giant sand artwork on New Brighton Beach in Wirral, England, on May 31, 2021.

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A detail of the pilot CO2 capture plant at Amager Bakke waste incinerator in Copenhagen, Denmark, on Ju

update from The Wall Street Journal, 9/20/2022

Don’t Believe the Hype About Antarctica’s Melting Glaciers

Two studies carefully explore the factors at play, but the headlines are only meant to raise alarm.

By Steven Koonin

Sept. 19, 2022 6:27 pm ETSAVEPRINTTEXT

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The Thwaites Glacier in Antarctica, Sept. 5.PHOTO: COVER IMAGES/ZUMA PRESS

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Alarming reports that the Antarctic ice sheet is shrinking misrepresent the science under way to understand a very complex situation. Antarctica has been ice-covered for at least 30 million years. The ice sheet holds about 26.5 million gigatons of water (a gigaton is a billion metric tons, or about 2.2 trillion pounds). If it were to melt completely, sea levels would rise 190 feet. Such a change is many millennia in the future, if it comes at all.

Much more modest ice loss is normal in Antarctica. Each year, some 2,200 gigatons (or 0.01%) of the ice is discharged in the form of melt and icebergs, while snowfall adds almost the same amount. The difference between the discharge and addition each year is the ice sheet’s annual loss. That figure has been increasing in recent decades, from 40 gigatons a year in the 1980s to 250 gigatons a year in the 2010s.

But the increase is a small change in a complex and highly variable process. For example, Greenland’s annual loss has fluctuated significantly over the past century. And while the Antarctic losses seem stupendously large, the recent annual losses amount to 0.001% of the total ice and, if they continued at that rate, would raise sea level by only 3 inches over 100 years.

Many fear that a warming globe could cause glaciers to retreat rapidly, increasing discharge and causing more rapid sea-level rise. To get beyond that simplistic picture, it is important to understand how glaciers have flowed in the past to predict better whether they might flow faster in the future.

Two recent studies reported in the media focus on the terminus of glaciers—i.e., where the ice, the ocean and the ground come together. One study used an underwater drone to map the seabed at a depth of 2,000 feet, about 35 miles from the terminus of the Thwaites Glacier in Antarctica. Detailed sonar scans showed a washboard pattern of ridges, most less than 8 inches high. The ridges are caused by daily tides and serve as a record of where ice touched the seabed in the past. Researchers could read that record to infer that at some time in the past the glacier retreated for half a year at more than twice the fastest rate observed between 2011 and 2019.

The cause of the specific event at the Thwaites Glacier remains unknown, in part because the time of the rapid retreat hasn’t yet been determined. It likely happened more than 70 years ago, if not several centuries ago. But the media goes with this angle: “A ‘doomsday glacier’ the size of Florida is disintegrating faster than thought.” A correct headline would read: “Thwaites Glacier retreating less than half as rapidly today as it did in the past.”

A second study tested the idea that freshwater from the melting of one glacier could be carried by currents along the shore to accelerate the discharge of nearby glaciers. Because global climate models are insufficiently detailed to describe the ocean near the coast, researchers constructed a special model to prove out their idea. If ocean currents can connect the discharges of distant glaciers, that would add to the complexity and variability of changes in the Antarctic ice sheet.

Under scenarios deemed likely by the United Nations’ Intergovernmental Panel on Climate Change, a connection between ocean currents and discharge would increase the overall discharge rate in one region of the continent by some 10% by the end of the century. But to emphasize the idea being tested, the modelers used human influences almost three times larger. Even though that fact is stated in the paper, reporters rarely catch such nuance, and the media goes with headlines such as “Antarctic Ice Melting Could Be 40 Percent Faster Than Thought” with the absurd statement that “a massive tsunami would swamp New York City and beyond, killing millions. London, Venice and Mumbai would also become aquariums.” A more accurate headline would read: “Ocean currents connecting antarctic glaciers might accelerate their melting.”

These two studies illustrate the progress being made in understanding a dauntingly complex mix of ice, ocean, land and weather, with clever methods to infer past conditions and sophisticated computer modeling to show potential future scenarios. These papers describe the science with appropriate precision and caveats, but it is a shame that the media misrepresents the research to raise alarm. That denies the public the right to make informed decisions about “climate action,” as well as the opportunity to marvel at the science itself.

Mr. Koonin is a professor at New York University, a senior fellow at the Hoover Institution and author of “Unsettled: What Climate Science Tells Us, What It Doesn’t, and Why It Matters.”

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